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Laws governing recall in Tennessee
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Tennessee. Tennessee allows for the recall of some local officials but does not allow for the recall of state officials.
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Offices subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
Tennessee law does not provide for the recall of state officials.
Local officials
Tennessee Law allows for the recall of any "governmental entity having a charter provision for a petition for recall," according to the Tennessee Code. That same law includes the following exception: "the provisions of this section shall not apply to any county having a metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census."[2]
Government entities that fall into that exception are able to create their own recall law through their charters. The Nashville Metro Charter is an example of this.[3]
Process
Prerequisites
Term length
Recall petitions may be filed and circulated at any time after the election of the targeted official; however, there are limits as to when the recall election can take place, if the recall supporters collect enough signatures to force a recall.
Reasons for recall
According to 6-53-108, the recall petition must "contain one (1) or more specific grounds for removal," but there is no statement as to what constitutes an acceptable grounds.
Petition
Signature requirements
According to 2-5-151, "petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county."
According to 6-31-301, which pertains to the recall of members of city Boards of Education, signatures of registered voters "equal in number to at least sixty-six percent (66%) of the total vote cast for the candidate for the board of education receiving the highest number of votes at the last regular election" are required to force a recall election.
According to 6-31-306, which pertains to the recall of members of city councils, signatures of "registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election" are required to force a recall election.
Signatures requirements vary in government entities that are not covered by the state's recall law.[3]
Circulation timeline
According to 2-5-151, "Completed petitions shall be filed with the county election commission within seventy-five (75) days after final certification [of the form of the recall petition] by the county election commission."
The statutes that govern the recall of members of school boards do not set a limit on how many days are allowed for collection of the required signatures.
Election
According to 2-5-151, "The county election commission shall certify whether or not the completed petition meets all applicable requirements within thirty (30) days of filing of the completed petition."
Recall elections can't be scheduled in the period of 90 days before or 90 days after a regularly scheduled municipal election.
Supermajority vote required
According to 6-31-304, which pertains to recalls of members of city Boards of Education, a supermajority vote of "sixty-six percent (66%) of those voting" is required in order for the recall election to result in the recall of the targeted official.
According to 6-31-307, which pertains to recalls of members of city councils, a supermajority vote of "sixty-six percent (66%) of those voters [who vote in the election]" is required in order for the recall election to result in the recall of the targeted official.
Legislation involving recall elections
The table below lists bills related to recall elections in Tennessee. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
- Tenn. Code Ann. §2-5-151
- Tenn. Code Ann. §6-31-301
- Tenn. Code Ann. §6-31-303
- Tenn. Code Ann. §6-31-304
- Tenn. Code Ann. §6-31-306
- Tenn. Code Ann. §6-31-307
- Tenn. Code Ann. §6-36-102
- Tenn. Code Ann. §6-53-108
Footnotes
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ Tennessee Code Ann. "§ 2-5-151," accessed August 20, 2021
- ↑ 3.0 3.1 The Tennessee Star, "Tennessee Law Puts Up Several Barriers to Keep Tennesseans from Recalling Their Local School Board Member," August 18, 2021
