Laws governing local ballot measures in Tennessee: Difference between revisions
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This | This page describes the state constitutional provisions and statutes that govern local ballot measures in Tennessee. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters. | ||
* | <div style="font-size:1em; line-height: 1.4;">Explore the links below for more information:</div> | ||
* | * [[#Law|Laws addressing local ballot measure powers in Tennessee]] | ||
* | * [[#General|General requirements for local ballot measures]] | ||
* [[#Initiatives|Rules for citizen-initiated local ballot measures]] | |||
* [[#Referrals|Rules for referred local ballot measures]] | |||
== | ==Law== | ||
The Tennessee Constitution and the Tennessee State Code establish the rules that govern local ballot measures in the state. | |||
* '''Constitution''': [[Article_XI,_Tennessee_Constitution#Section_9|Article XI, Section 9]] | |||
* '''Statute''': [https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X8J-5J80-R03M-X0D8-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%202-5-151&context=1000516|Title 2, Chapter 5, Part 1, Petitions] | |||
==General== | |||
The following outlines the general rules that govern local ballot measures in Tennessee, including both citizen-initiated measures and referred measures from local government bodies. | |||
*''' | * '''Election timing''': | ||
** '''Referred measures''': Measures must be placed on the ballot between 75 and 90 days after the county election commission is directed to hold the election. However, if the scheduled date falls within the 90 days before a regularly scheduled or presidential primary election, the county election commission can reschedule the election to coincide with the regular or primary election. <ref name=section204>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X0T-KV00-R03N-T3JH-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%202-3-204&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. §2-3-204," accessed December 11, 2025]</ref> A measure that asks voters if the municipality should adopt [[Article_XI,_Tennessee_Constitution#Section_9|home rule]] may be placed on the ballot at a general or special election. Referred charter amendments that would establish or alter a property tax rate must be placed on the ballot at a special election.<ref name=section105/> A measure that would annex property into a municipality must be placed on the ballot at an election between 30 and 60 days after the last publication of notice of the proposed annexation.<ref name=annex>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X8J-BX70-R03M-J3CH-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%206-51-105&context=1000516 ''Tennessee Code Unannotated– Free Public Access'', "Tenn. Code Ann. § 6-51-105," accessed December 11, 2025]</ref> | |||
** '''Citizen-initiated measures''': A measure that requires local approval and has not been approved by a two-thirds vote of the local governing body must be placed on the ballot at the next general election unless the costs to hold a special election for that purpose have been completely offset by private contributions.<ref name=section105/> Measures that would permit or prohibit the sale of alcoholic beverages in a county must be placed on the ballot during a regular election.<ref name=liquor/> | |||
*''' | * '''Vote requirements''': Charter amendments must be approved by a [[Article_XI,_Tennessee_Constitution#Section_9|majority]] of voters. A measure that would annex property into a municipality requires majority voter approval.<ref name=annex/> A measure that would contract municipal limits must be approved by three-fourths of voters if the measure is referred by the local legislative body. If the measure is placed on the ballot by a veto referendum, it must be approved by a majority of voters.<ref name=contract>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/68FC-N1Y0-R03N-B17V-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%206-51-201&context=1000516 ''Tennessee Code Unannotated– Free Public Access'', "Tenn. Code Ann. § 6-51-201," accessed December 11, 2025]</ref> Veto referendums targeting general obligation bond resolutions must be rejected by a majority of voters to repeal the resolution.<ref name=bond/> Municipal school taxes must be approved by two-thirds of voters.<ref name=schooltax>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X55-GPB0-R03N-V3XR-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%2049-2-401&context=1000516 ''Tennessee Code Unannotated– Free Public Access'', "Tenn. Code Ann. § 49-2-401," accessed December 11, 2025]</ref> A majority vote is required to pass local sales tax measures.<ref name=sales/> | ||
*''' | * '''Required ballot measures''': The [[Article_XI,_Tennessee_Constitution#Section_9|state constitution]] outlines the local requirements that apply to laws passed by the state legislature that apply to only a specific local entity. If the state legislature passes a law that would remove a local official from office, shorten the term of a local official, or change the salary of a local official during their term, the local legislative body must also approve the law by a two-thirds majority. If the local legislature does not approve the law, the law must be approved by a majority of voters to be enacted. However, this process does not apply to municipalities that have adopted home rule. In those municipalities, the state legislature may not adopt any local or private laws. Municipal school taxes must be approved by voters.<ref name=schooltax/> Proposed home rule unified government charters must be approved by voters.<ref>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X8J-D6Y0-R03K-8433-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%207-21-205&context=1000516 ''Tennessee Code Unannotated– Free Public Access'', "Tenn. Code Ann. § 7-21-205," accessed December 11, 2025]</ref> Local sales tax measures must be approved by voters.<ref name=sales>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X30-1650-R03N-N45P-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%2067-6-706&context=1000516 ''Tennessee Code Unannotated– Free Public Access'', "Tenn. Code Ann. § 67-6-706," accessed December 11, 2025]</ref> | ||
* | * '''Number of measures on the ballot''': Voters can only initiate the process of [[Article_XI,_Tennessee_Constitution#Section_9|amending]] their municipal charter once in a two year period. If a contraction ordinance is rejected by voters, the ordinance can not be placed on the ballot again for two years.<ref name=contract/> No more than one election that would permit or prohibit the sale of alcoholic beverages in a county may be placed on the ballot in a two year period.<ref name=liquor/> | ||
==Initiatives== | |||
The following outlines the general rules that govern local citizen-initiated ballot measures in Tennessee. | |||
* '''Authority''': State law does not provide a statewide right to initiative and referendum in local government; instead, it refers to local charter provisions that grant that right to voters.<ref name=section151/> Requirements outlined in state law do not govern initiated measures in counties with a metropolitan form of government and more than 100,000 people.<ref name=section151/> Voters can initiate the process of [[Article_XI,_Tennessee_Constitution#Section_9|amending]] their municipal charter. First, voters must submit a petition to the municipal clerk to call an election for a charter commission. Then, seven members are elected from the municipal population to serve on the commission. Lastly, the commission drafts a charter amendment and places the amendment on the ballot. Voters can initiate a petition to place a measure on the ballot that was passed by the state legislature, requires local approval, and has not been approved by a two-thirds vote of the local governing body.<ref name=section105>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X8J-BX70-R03M-J3FB-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%206-53-105&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 6-53-105," accessed December 11, 2025]</ref> Voters can submit a petition protesting the issuance of a general obligation bond.<ref name=bond>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X0T-MFF0-R03N-F3JT-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%209-21-207&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 9-21-207," accessed December 11, 2025]</ref> | |||
*''' | * '''Deadlines''': | ||
** '''Veto referendums''': After a county election commission approves a petition for a veto referendum, supporters have 75 days to gather and submit signatures in support of the referendum.<ref name=section151/> Additionally, petitions for a veto referendum must be submitted at least 90 days before the general municipal or county election.<ref name=section151/> Petitions challenging the issue of a general obligation bond must be filed with the government within 20 days of the publication of the bond resolution.<ref name=bond/> | |||
** '''Citizen-initiated laws''': After a county election commission approves a petition for an initiative, supporters have 75 days to gather and submit signatures in support of the initiative.<ref name=section151/> Additionally, petitions for an initiated law must be submitted at least 90 days before the general municipal or county election.<ref name=section151/> A petition to place a measure on the ballot that was passed by the state legislature, requires local approval, and has not been approved by a two-thirds vote of the local governing body, must be submitted to election commission officials at least 60 days before the next regular or primary election.<ref name=section105/> | |||
*''' | * '''Signatures''': | ||
** '''Veto referendums''': Petitions for a veto referendum must be signed by 15% of registered voters in the municipality or county.<ref name=section151>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X8J-5J80-R03M-X0D8-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%202-5-151&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 2-5-151," accessed December 10, 2025]</ref> Petitions challenging the issue of a general obligation bond must be signed by 10% of registered voters.<ref name=bond/> | |||
** '''Citizen-initiated laws''': Petitions for an initiated law must be signed by 15% of registered voters in the municipality or county.<ref name=section151/> A petition that would create a charter commission to write a [[Article_XI,_Tennessee_Constitution#Section_9|charter amendment]] must be signed by at least 10% voters in the most recent general municipal election. A petition to place a measure on the ballot that requires local approval and has not been approved by a two-thirds vote of the local governing body must be signed by at least 10% of voters in the last election for mayor.<ref name=section105/> Petitions for measures that would permit or prohibit the sale of alcoholic beverages in a county must be signed by a number of voters equaling at least 10% of votes cast for governor in the last gubernatorial election.<ref name=liquor>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X0R-F2W0-R03J-W3BY-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%2057-3-106&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 57-3-106," accessed December 11, 2025]</ref> | |||
==Referrals== | |||
The following outlines additional rules that govern local referred ballot measures in Tennessee. | |||
== | * '''Authority''': Local governments may choose to place the issuance of a general obligation bond before voters.<ref name=bond2>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/4X0T-MFF0-R03N-M3JV-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%209-21-208&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 9-21-208," accessed December 11, 2025]</ref> County governments have the authority and the duty to submit the issue of school bonds to the people.<ref>[https://advance.lexis.com/api/document/collection/statutes-legislation/id/65WX-J990-R03K-0339-00008-00?cite=Tenn.%20Code%20Ann.%20%C2%A7%2049-2-101&context=1000516 ''Tennessee Code Unannotated – Free Public Access'', "Tenn. Code Ann. § 49-2-101," accessed December 11, 2025]</ref> However, resources from the University of Tennessee's Institute for Public Service suggest that because the county is "required to provide public education according to state laws and regulations and is frequently under a mandate to correct deficiencies, such a referendum may serve no real purpose."<ref>[https://www.ctas.tennessee.edu/eli/school-bonds ''University of Tennessee Institute for Public Service'', "School Bonds," accessed December 11, 2025]</ref> | ||
* '''Deadlines''': A municipality must give no less than 45 days' notice before a special election for a referred charter amendment that would establish or alter a property tax rate.<ref name=section105/> Measures that are required by law to be placed on the ballot at a regularly scheduled or primary election must be filed at least 75 days before said election.<ref name=section204/> | |||
== | ==Laws governing local ballot measures in the U.S.== | ||
{{ | {{LawsLBMsMapNav}} | ||
==External links== | |||
* [https://advance.lexis.com/container/?pdmfid=1000516&crid=39515779-b0f5-4c07-96b7-33251dea3196&func=LN.Advance.ContentView.getFullToc&nodeid=AACAAFAAC&typeofentry=Breadcrumb&config=014CJAA5ZGVhZjA3NS02MmMzLTRlZWQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZENhdGFsb2e9zYpNUjTRaIWVfyrur9ud&action=publictoc&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-5J80-R03M-X0D9-00008-00&pdtocfullpath=%2Fshared%2Ftableofcontents%2Furn%3AcontentItem%3A8001-XKW0-Y907-33PJ-00008-00&ecomp=h2vckkk&prid=5ce4ba78-2da5-47da-b58a-6bb73623d422 Tennessee Code Unannotated – Free Public Access] | |||
== | * [https://www.mtas.tennessee.edu/system/files/mrln/mknowledge/main/Getting%20an%20Issue%20on%20the%20Ballot.pdf Municipal Technical Advisory Service - Getting an Issue on the Ballot] | ||
== | |||
==See also== | ==See also== | ||
* [[Laws governing ballot measures]] | * [[Laws governing ballot measures]] | ||
* [[Laws governing local ballot measures]] | * [[Laws governing local ballot measures]] | ||
* [[Local ballot measures, Tennessee]] | * [[Local ballot measures, Tennessee]] | ||
* [[Counties in Tennessee]] | |||
== | ==Footnotes== | ||
{{reflist}} | {{reflist}} | ||
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[[Category:Laws governing local ballot measures]] | [[Category:Laws governing local ballot measures]] | ||
[[Category:Ballot measure law, Tennessee]] | [[Category:Ballot measure law, Tennessee]] | ||
[[Category:Laws_governing_local_ballot_measures]] | |||
Latest revision as of 15:47, 13 February 2026
This page describes the state constitutional provisions and statutes that govern local ballot measures in Tennessee. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
- Laws addressing local ballot measure powers in Tennessee
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The Tennessee Constitution and the Tennessee State Code establish the rules that govern local ballot measures in the state.
- Constitution: Article XI, Section 9
- Statute: 2, Chapter 5, Part 1, Petitions
General
The following outlines the general rules that govern local ballot measures in Tennessee, including both citizen-initiated measures and referred measures from local government bodies.
- Election timing:
- Referred measures: Measures must be placed on the ballot between 75 and 90 days after the county election commission is directed to hold the election. However, if the scheduled date falls within the 90 days before a regularly scheduled or presidential primary election, the county election commission can reschedule the election to coincide with the regular or primary election. [1] A measure that asks voters if the municipality should adopt home rule may be placed on the ballot at a general or special election. Referred charter amendments that would establish or alter a property tax rate must be placed on the ballot at a special election.[2] A measure that would annex property into a municipality must be placed on the ballot at an election between 30 and 60 days after the last publication of notice of the proposed annexation.[3]
- Citizen-initiated measures: A measure that requires local approval and has not been approved by a two-thirds vote of the local governing body must be placed on the ballot at the next general election unless the costs to hold a special election for that purpose have been completely offset by private contributions.[2] Measures that would permit or prohibit the sale of alcoholic beverages in a county must be placed on the ballot during a regular election.[4]
- Vote requirements: Charter amendments must be approved by a majority of voters. A measure that would annex property into a municipality requires majority voter approval.[3] A measure that would contract municipal limits must be approved by three-fourths of voters if the measure is referred by the local legislative body. If the measure is placed on the ballot by a veto referendum, it must be approved by a majority of voters.[5] Veto referendums targeting general obligation bond resolutions must be rejected by a majority of voters to repeal the resolution.[6] Municipal school taxes must be approved by two-thirds of voters.[7] A majority vote is required to pass local sales tax measures.[8]
- Required ballot measures: The state constitution outlines the local requirements that apply to laws passed by the state legislature that apply to only a specific local entity. If the state legislature passes a law that would remove a local official from office, shorten the term of a local official, or change the salary of a local official during their term, the local legislative body must also approve the law by a two-thirds majority. If the local legislature does not approve the law, the law must be approved by a majority of voters to be enacted. However, this process does not apply to municipalities that have adopted home rule. In those municipalities, the state legislature may not adopt any local or private laws. Municipal school taxes must be approved by voters.[7] Proposed home rule unified government charters must be approved by voters.[9] Local sales tax measures must be approved by voters.[8]
- Number of measures on the ballot: Voters can only initiate the process of amending their municipal charter once in a two year period. If a contraction ordinance is rejected by voters, the ordinance can not be placed on the ballot again for two years.[5] No more than one election that would permit or prohibit the sale of alcoholic beverages in a county may be placed on the ballot in a two year period.[4]
Initiatives
The following outlines the general rules that govern local citizen-initiated ballot measures in Tennessee.
- Authority: State law does not provide a statewide right to initiative and referendum in local government; instead, it refers to local charter provisions that grant that right to voters.[10] Requirements outlined in state law do not govern initiated measures in counties with a metropolitan form of government and more than 100,000 people.[10] Voters can initiate the process of amending their municipal charter. First, voters must submit a petition to the municipal clerk to call an election for a charter commission. Then, seven members are elected from the municipal population to serve on the commission. Lastly, the commission drafts a charter amendment and places the amendment on the ballot. Voters can initiate a petition to place a measure on the ballot that was passed by the state legislature, requires local approval, and has not been approved by a two-thirds vote of the local governing body.[2] Voters can submit a petition protesting the issuance of a general obligation bond.[6]
- Deadlines:
- Veto referendums: After a county election commission approves a petition for a veto referendum, supporters have 75 days to gather and submit signatures in support of the referendum.[10] Additionally, petitions for a veto referendum must be submitted at least 90 days before the general municipal or county election.[10] Petitions challenging the issue of a general obligation bond must be filed with the government within 20 days of the publication of the bond resolution.[6]
- Citizen-initiated laws: After a county election commission approves a petition for an initiative, supporters have 75 days to gather and submit signatures in support of the initiative.[10] Additionally, petitions for an initiated law must be submitted at least 90 days before the general municipal or county election.[10] A petition to place a measure on the ballot that was passed by the state legislature, requires local approval, and has not been approved by a two-thirds vote of the local governing body, must be submitted to election commission officials at least 60 days before the next regular or primary election.[2]
- Signatures:
- Veto referendums: Petitions for a veto referendum must be signed by 15% of registered voters in the municipality or county.[10] Petitions challenging the issue of a general obligation bond must be signed by 10% of registered voters.[6]
- Citizen-initiated laws: Petitions for an initiated law must be signed by 15% of registered voters in the municipality or county.[10] A petition that would create a charter commission to write a charter amendment must be signed by at least 10% voters in the most recent general municipal election. A petition to place a measure on the ballot that requires local approval and has not been approved by a two-thirds vote of the local governing body must be signed by at least 10% of voters in the last election for mayor.[2] Petitions for measures that would permit or prohibit the sale of alcoholic beverages in a county must be signed by a number of voters equaling at least 10% of votes cast for governor in the last gubernatorial election.[4]
Referrals
The following outlines additional rules that govern local referred ballot measures in Tennessee.
- Authority: Local governments may choose to place the issuance of a general obligation bond before voters.[11] County governments have the authority and the duty to submit the issue of school bonds to the people.[12] However, resources from the University of Tennessee's Institute for Public Service suggest that because the county is "required to provide public education according to state laws and regulations and is frequently under a mandate to correct deficiencies, such a referendum may serve no real purpose."[13]
- Deadlines: A municipality must give no less than 45 days' notice before a special election for a referred charter amendment that would establish or alter a property tax rate.[2] Measures that are required by law to be placed on the ballot at a regularly scheduled or primary election must be filed at least 75 days before said election.[1]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
External links
- Tennessee Code Unannotated – Free Public Access
- Municipal Technical Advisory Service - Getting an Issue on the Ballot
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Tennessee
- Counties in Tennessee
Footnotes
- ↑ 1.0 1.1 Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. §2-3-204," accessed December 11, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 6-53-105," accessed December 11, 2025
- ↑ 3.0 3.1 Tennessee Code Unannotated– Free Public Access, "Tenn. Code Ann. § 6-51-105," accessed December 11, 2025
- ↑ 4.0 4.1 4.2 Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 57-3-106," accessed December 11, 2025
- ↑ 5.0 5.1 Tennessee Code Unannotated– Free Public Access, "Tenn. Code Ann. § 6-51-201," accessed December 11, 2025
- ↑ 6.0 6.1 6.2 6.3 Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 9-21-207," accessed December 11, 2025
- ↑ 7.0 7.1 Tennessee Code Unannotated– Free Public Access, "Tenn. Code Ann. § 49-2-401," accessed December 11, 2025
- ↑ 8.0 8.1 Tennessee Code Unannotated– Free Public Access, "Tenn. Code Ann. § 67-6-706," accessed December 11, 2025
- ↑ Tennessee Code Unannotated– Free Public Access, "Tenn. Code Ann. § 7-21-205," accessed December 11, 2025
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 2-5-151," accessed December 10, 2025
- ↑ Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 9-21-208," accessed December 11, 2025
- ↑ Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 49-2-101," accessed December 11, 2025
- ↑ University of Tennessee Institute for Public Service, "School Bonds," accessed December 11, 2025