Election Laws

Plain English Breakdown

The official source material does not provide specific details about setting deadlines for candidate qualifications and withdrawals, which were mentioned in the original explanation.

Election Law Changes for Tennessee Municipalities

This bill changes how municipal elections are held in Tennessee by setting fixed dates and allowing partisan politics.

What This Bill Does

• Requires each municipality to hold its elections on the same date as either the August primary or November general election.
• Extends terms of current officials if necessary to align with new election dates, but not more than two years beyond their regular term end.
• Makes municipal elections partisan and allows political parties to nominate candidates for these positions.
• Standardizes the process for holding referendums on incorporating a new municipality at the next general election.

Who It Names or Affects

• Municipalities in Tennessee
• Elected officials of municipalities
• Voters participating in municipal elections

Terms To Know

Nonpartisan election

An election where candidates do not run under the banner of a political party.

Primary election

A preliminary election to select each party's candidate for an office in the general election.

Limits and Unknowns

• The bill does not specify how it will affect municipalities that have already set their election dates.
• It is unclear what happens if a municipality cannot meet the new fixed election date requirements due to unforeseen circumstances.

Official Summary Text

Present law authorizes
a municipality
to
have their elections coincide with August or November general elections, or the dates of an election for the legislative body of a municipality can vary depending on a variety of factors, such as population records from different federal censuses. This
bill eliminates the variation in dates and times for municipal elections and
, instead, requires each municipality to change the date of its municipal elections to coincide with the August primary or November general
election.

This bill requires t
he ordinance changing the election date
to
provide for the extension of the terms of members of the legislative body of the municipality necessary to meet the election date
. However,

a
term m
ust not
be extended for more than two years beyond its regular expiration date. When the dates of a municipality's elections are changed, the presiding officer of the legislative body
must
file a certified copy of the ordinance with the state coordinator of elections.

This
bill

clarifies that its
provisions
do not remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was elected.

ELECTIONS TO ADOPT A CHARTER

This bill provides that f
or elections to adopt a charter,
i
f th
e petition
is sufficient to call for an election on the issue of incorporation, the county election commission must hold an election, providing options to vote FOR or AGAINST the incorporation of the new charter
, at the next election, meaning the next general election for which membership in a political party in order to participate therein is not required
.

This bill authorizes

t
he petition
to
be withdrawn or amended to call for a smaller territory for the proposed municipal corporation so long as all of the proposed smaller territory is contained within the boundaries of the territory described in the first petition at any time not less than
90 days prior to the election.

This bill requires
the county election commission
to
determine and declare the result of the election

and certify the result in accordance with present law pertaining to the determination of election results.

It must publish the results in a newspaper of general circulation in the municipality or territory and, if the municipality is already incorporated, must file the results with the legislative body of the municipality at its first meeting after the certif
ication.

The results must be entered at large
on the minutes of the body with which it is filed
.

This bill requires t
he county election commission
to
call an election pursuant to
the process for members of the legislative body as described below
, following the election for adoption of
a
charter, at which time municipal officials are chosen to take office immediately following the election.

First elections of members of a legislative body in a municipality

This bill requires the first election of the members of a legislative body in a municipality that is chartered after the effective date of this bill to be held with an upcoming regular primary or general election being held in the jurisdiction. If the el
ection at which a charter under this title has been adopted occurs on or before 10 days before the regular qualifying deadline, then the regular qualifying deadline applies. If the election occurs less than 10 days before the regular qualifying deadline,
i
ndependent candidates and candidates nominated by any political party must qualify no later than noon, prevailing time, 55 days before the election. If the qualifying deadline is the 55th day before the election, then candidates must withdraw no later th
an noon, prevailing time, 52 days before the election.

If an election to incorporate is held on the regular November election and the majority of the votes cast are in favor, then the first election of the members of the legislative body in the newly incorporated municipality must be held as a special electi
on. After an initial election is held, the legislative body of the municipality must fix the date of all subsequent elections to coincide with the regular August or regular November general election.

I
f there was a previously incorporated municipality or if a new charter is adopted,
this bill requires
the county election commission
to
call an election
in accordance to the process described above
following the election for surrender of th
e
charter, at which time municipal officials for the newly adopted form of government
must
be chosen who
must
take office immediately after the election
or upon the date fixed for the termination of the previous charter.

PARTISAN ELECTIONS

Present law requires all elections for members of
a
municipal
ity's
legislative body to be nonpartisan.

This bill removes the
nonpartisan
requirement and creates a process for municipal elections to be partisan
, as described below.

This bill provides that
municipal elections are partisan. Political parties may nominate candidates for municipal office by using the primary election provisions of present law or as otherwise authorized by the rules of the party.

Elections in a county having a metropolitan form of government are
deemed
municipal elections in this bill.

A
fter an initial election is held for the members of a legislative body in a municipality that has been incorporated after this bill's implementation, elections for members of the legislative body are partisan. If a statewide political party decides to no
minate members of the legislative body by primary election, it must direct the county election commission to hold the primary in the same manner as nominations for other offices within present law.

This bill provides that p
rimary elections in which candidates nominated for members of the legislative body are to appear on the regular August election ballot are held on the first Tuesday in May before the August election. In the years in which an election is held for presiden
t of the United States, a political party primary for offices to be elected in the regular August election is held on the same day as the presidential preference primary. In such event, the qualifying deadline for independent and
primary candidates is noon, prevailing time, on the date established on the second Thursday in December.

This bill provides that p
rimary elections in which candidates nominated for members of the legislative body are to appear on the regular November election ballot are held concurrently with the regular August election. The qualifying deadline for independent and primary candidate
s is noon, prevailing time, on the second Tuesday in March.

Current Bill Text

SENATE BILL 1630
By Hensley

HOUSE BILL 1497
By Cepicky
HB1497
009911
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 2;
Title 5; Title 6 and Title 7, relative to elections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 6-20-102, is amended by deleting the
section.
SECTION 2. Tennessee Code Annotated, Section 6-31-102, is amended by deleting the
section.
SECTION 3. Tennessee Code Annotated, Section 6-54-138, is amended by deleting the
section.
SECTION 4. Tennessee Code Annotated, Title 6, Chapter 53, is amended by adding
the following as a new section:
(a) Notwithstanding any private act of a municipality to the contrary, the
legislative body of each municipality shall change the date of municipal elections to
coincide with the August primary or November general election.
(b) The ordinance changing the election date must provide for the extension of
the terms of members of the legislative body of the municipality necessary to meet the
election date, but no term may be extended for more than two (2) years beyond its
regular expiration date. When the dates of a municipality's elections are changed
pursuant to subsection (a), the presiding officer of the legislative body shall file a certified
copy of the ordinance with the state coordinator of elections.
(c) This section does not remove any incumbent from office or abridge the term
of any incumbent prior to the end of the term for which an elected official was elected.
(d)

- 2 - 009911

(1) Except as provided in subdivision (d)(2), the first election of the
members of a legislative body in a municipality that is chartered after the
effective date of this act must be held with an upcoming regular primary or
general election being held in the jurisdiction. If the election at which a charter
under this title has been adopted occurs on or before ten (10) days before the
regular qualifying deadline, then the regular qualifying deadline applies. If the
election occurs less than ten (10) days before the regular qualifying deadline,
independent candidates and candidates nominated by any political party must
qualify no later than twelve o'clock (12:00) noon, prevailing time, fifty-five (55)
days before the election. If the qualifying deadline is the fifty-fifth day before the
election, candidates must withdraw no later than twelve o'clock (12:00) noon,
prevailing time, fifty-two (52) days before the election.
(2) If an election to incorporate is held on the regular November election
and the majority of the votes cast are in favor, then the first election of the
members of the legislative body in the newly incorporated municipality must be
held as a special election under chapter 14 of this title.
(3) After an initial election is held pursuant to subdivision (d)(1) or (d)(2),
the legislative body of the municipality shall fix the date of all subsequent
elections to coincide with the regular August or regular November general
election.
(e)
(1) After an initial election is held pursuant to subsection (d), elections for
members of the legislative body are partisan. If a statewide political party
decides to nominate members of the legislative body by primary election, it must

- 3 - 009911

direct the county election commission to hold the primary in the same manner as
described in § 2-13-203(e).
(2) Primary elections in which candidates nominated for members of the
legislative body are to appear on the regular August election ballot are held on
the first Tuesday in May before the August election. In the years in which an
election is held for president of the United States, a political party primary for
offices to be elected in the regular August election is held on the same day as the
presidential preference primary. In such event, the qualifying deadline for
independent and primary candidates is twelve o'clock (12:00) noon, prevailing
time, on the date established in § 2-5-101(a)(3).
(3) Primary elections in which candidates nominated for members of the
legislative body are to appear on the regular November election ballot are held
concurrently with the regular August election. The qualifying deadline for
independent and primary candidates is twelve o'clock (12:00) noon, prevailing
time, on the date established in § 2-5-101(a)(2).
SECTION 5. Tennessee Code Annotated, Section 2-13-208, is amended by deleting the
section and substituting instead:
(a) Notwithstanding a charter provision to the contrary, municipal elections are
partisan. Political parties may nominate candidates for municipal office by using the
primary election provisions of this title or as otherwise authorized by the rules of the
party.
(b) Elections in a county having a metropolitan form of government are municipal
elections for purposes of this section.
SECTION 6. Tennessee Code Annotated, Section 6-31-104, is amended by deleting the
section.

- 4 - 009911

SECTION 7. Tennessee Code Annotated, Section 6-1-202(a), is amended by deleting
the language "not less than forty-five (45) days nor more than sixty (60) days after the petition is
certified. The date of the election shall be set in accordance with § 2-3-204." and substituting
instead "at the next election, as defined in § 2-1-104.".
SECTION 8. Tennessee Code Annotated, Section 6-1-202(b), is amended by deleting
the language "thirty (30) days" and substituting instead "ninety (90) days".
SECTION 9. Tennessee Code Annotated, Section 6-1-204(b), is amended by deleting
the language "in accordance with § 2-8-105(3) within forty-eight (48) hours after the election."
and substituting instead "in accordance with title 2, chapter 8, part 1.".
SECTION 10. Tennessee Code Annotated, Section 6-1-207(a), is amended by deleting
the subsection and substituting instead:
(a) The county election commission shall call an election pursuant to SECTION
4(d), following the election for adoption of this charter, at which time municipal officials
are chosen to take office immediately following the election.
SECTION 11. Tennessee Code Annotated, Section 6-1-304, is amended by deleting the
language "not more than sixty-two (62) days" in subsection (a) and substituting instead
"pursuant to SECTION 4(d)"; and is further amended by deleting subsection (c).
SECTION 12. Tennessee Code Annotated, Section 6-18-104(b), is amended by
deleting the language "thirty (30) days" and substituting instead "ninety (90) days".
SECTION 13. Tennessee Code Annotated, Section 6-18-105(c), is amended by
deleting the language "within forty-eight (48) hours after it completes its duties under § 2-8-
105(3)" and substituting instead "in accordance with title 2, chapter 8, part 1".
SECTION 14. Tennessee Code Annotated, Section 6-18-111, is amended by deleting
the language "not less than forty (40) days nor more than fifty (50) days" in subsection (a) and

- 5 - 009911

substituting instead "pursuant to SECTION 4(d)"; and is further amended by deleting subsection
(b).
SECTION 15. Tennessee Code Annotated, Section 6-20-201(a)(3)(A), is amended by
deleting the language ", as the board of commissioners directs the county election commission
to hold under § 6-20-102".
SECTION 16. This act takes effect upon becoming a law, the public welfare requiring it.