Public Officials

Plain English Breakdown

The bill summary does not provide specific details on how often recall elections can be held or when they might occur.

Recall Elections for Local Officials

This bill allows registered voters to remove local elected officials from office through recall elections.

What This Bill Does

• Allows registered voters to file a petition demanding the removal of a local official if they cast a vote in the last regular election and gather signatures equal to at least 66% of votes cast for that position.
• Establishes a process where the county election commission checks the sufficiency of the petition within 15 days, then calls an election if it meets requirements.
• Provides voters with a choice on whether to recall the official during the election.

Who It Names or Affects

• Local elected officials such as mayors, sheriffs, school board members, etc.
• Registered voters who can sign petitions or vote in recall elections.

Terms To Know

local official

An elected member of a local legislative body, mayor, sheriff, trustee, register, clerk, assessor of property, or member of a school board.

Limits and Unknowns

• The bill does not specify how often recall elections can be held.
• It is unclear how many local governments will hold recall elections and when they might occur.

Official Summary Text

This bill authorizes a
local official
to
be removed from office by the registered voters of the jurisdiction from which the local official was elected.

As used in this
bill
,
a
"local official" means an elected member of a local legislative body, mayor, sheriff, trustee, register, clerk, assessor of property, or member of a school board.

RECALL PROCESS

This bill authorizes

a
person who resides within the geographic boundaries of the jurisdiction of which a local official is sought to be removed and who cast
s
a vote in the last regular election
to
file a petition with the county election commission that demands the recall of the elected local official. The petition must be signed by registered voters who reside within the geographic boundaries of the jurisdiction of which the local official is so
ught to be removed equal in number to at least 66% of the t
otal vote cast for the office in the last regular election. Each person signing the petition must sign the person's name, provide the date of signing, and provide the signer's place of residence by street and number or by other customary designation.

The petition must contain a general statement of the grounds upon which the removal is sought.

A separate petition must be filed for each local official sought to be removed.

At submission,
this bill requires
the petition
to
include a sworn affidavit by the petition circulator stating the number of petition signers, that each petition signature is the genuine signature of the person whose name it purports to be, that the signatures were received within 90 days of the start o
f the petition, and that the petition circulator voted in favor of the local official sought to be removed in that local official's last regular election.

Within 15 days of receipt of the petition,
this bill requires
the county election commission
to
determine the sufficiency of the petition signatures. The county election commission
must
attach a certificate to the petition with the results. If the county election commission determines the petition signatures are
s
ufficient, then within 15 days of such determination, the county election commission
must
give notice of the filed petition by publication in a newspaper of general circulation and
must
provide
the grounds upon which removal of a local official is sought
.

However, if
the county election commission determines the petition signatures are
i
nsufficient, then the person who filed the petition may amend the petition within 15 days from the date of the certificate and file the amended petition with the county election commission. Within 30 days of receipt of an amended petition, the county ele
ction commission
must
make a sufficiency determination. If the amended petition is still deemed insufficient or if no amended petition is filed, then the county election co
mmission
must
attach a certificate to the petition and return the petition to the person who filed the petition. If an amended petition is deemed sufficient, then the county election commission
must
provide notice as required
above.

RECALL ELECTION

This bill requires a
county election commission
to
call an election on the question of whether to recall a local official if the county election commission determines that a petition is sufficient
.
The question must only be posed to voters who are represented by the local official sought to be removed.

The question on the ballot must ask whether the local official should be recalled, and the voter must be provided the option to vote "for recall" or "against recall."

If a majority of those voting vote "for recall," then
this bill provides that
the person named is removed from office and the office is declared vacant. A vacancy cannot be filled by renaming the removed person to the office and the vacancy must be filled in accordance with the applicable law for the office.
An
election for the purpose of recall
must not
be held within a period beginning 90 days before and ending 90 days after a regular election.

LOCAL BOARD OF EDUCATION MEMBERS

This bill removes existing law concerning the r
emoval of
a
local board of education member by registered voters
and, instead, provides the process described above for such members.

Current Bill Text

SENATE BILL 1466
By Taylor

HOUSE BILL 1448
By Harris

HB1448
009100
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 2;
Title 8, Chapter 47 and Title 49, Chapter 2, relative
to recall of local elected officials.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-2-213, is amended by deleting the
section.
SECTION 2. Tennessee Code Annotated, Title 8, Chapter 47, is amended by adding
the following as a new part:
8-47-201. Part definitions.
As used in this part, "local official" means an elected member of a local
legislative body, mayor, sheriff, trustee, register, clerk, assessor of property, or member
of a school board.
8-47-202. Recall of local officials.
A local official may be removed from office by the registered voters of the
jurisdiction from which the local official was elected.
8-47-203. Recall process.
(a) A person who resides within the geographic boundaries of the jurisdiction of
which a local official is sought to be removed and who cast a vote in the last regular
election, may file a petition with the county election commission that demands the recall
of the elected local official. The petition must be signed by registered voters who reside
within the geographic boundaries of the jurisdiction of which the local official is sought to
be removed equal in number to at least sixty-six percent (66%) of the total vote cast for
the office in the last regular election. Each person signing the petition must sign the

- 2 - 009100

person's name, provide the date of signing, and provide the signer's place of residence
by street and number or by other customary designation.
(b) The petition must contain a general statement of the grounds upon which the
removal is sought.
(c) At submission, the petition must include a sworn affidavit by the petition
circulator stating the number of petition signers, that each petition signature is the
genuine signature of the person whose name it purports to be, that the signatures were
received within ninety (90) days of the start of the petition, and that the petition circulator
voted in favor of the local official sought to be removed in that local official's last regular
election.
(d) Within fifteen (15) days of receipt of the petition, the county election
commission shall determine the sufficiency of the petition signatures. The county
election commission shall attach a certificate to the petition with the results. If the county
election commission determines the petition signatures are:
(1) Sufficient, then within fifteen (15) days of such determination, the
county election commission shall give notice of the filed petition by publication in
a newspaper of general circulation and shall provide the grounds upon which
removal of a local official is sought; or
(2) Insufficient, then the person who filed the petition may amend the
petition within fifteen (15) days from the date of the certificate and file the
amended petition with the county election commission. Within thirty (30) days of
receipt of an amended petition, the county election commission shall make a
sufficiency determination. If the amended petition is still deemed insufficient or if
no amended petition is filed, then the county election commission shall attach a
certificate to the petition and return the petition to the person who filed the

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petition. If an amended petition is deemed sufficient, then the county election
commission shall provide notice as required by subdivision (d)(1).
(e) A separate petition must be filed for each local official sought to be removed.
8-47-204. Recall election.
(a) A county election commission shall call an election on the question of
whether to recall a local official if the county election commission determines that a
petition is sufficient in accordance with § 8-47-203(d).
(b) The question must only be posed to voters who are represented by the local
official sought to be removed.
(c) The question on the ballot must ask whether the local official should be
recalled, and the voter must be provided the option to vote "for recall" or "against recall."
(d) If a majority of those voting vote "for recall," then the person named is
removed from office and the office is declared vacant. A vacancy cannot be filled by
renaming the removed person to the office and the vacancy must be filled in accordance
with the applicable law for the office.
(e) No election for the purpose of recall shall be held within a period beginning
ninety (90) days before and ending ninety (90) days after a regular election.
SECTION 3. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the code commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.