Laws governing local ballot measures in Tennessee

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

An initiative process for local ballot measures is available to a limited number of Tennessee citizens.

This article sets out the laws governing local ballot measures in Tennessee. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Tennessee consists of:

• Counties: There are 95 counties in Tennessee (this includes the consolidated city-counties the City of Nashville and Davidson County, the City of Lynchburg and Moore County, and the City of Hartsville and Trousdale County). Two of these, Shelby and Knox counties, operate under home rule charters. Three counties (not included in the count) are classified as service districts--they are not considered independent governments under state law.

• Municipalities: There are 342 cities and towns in Tennessee. There are not significant legal differences between cities and towns.

• Metropolitan governments: There are 3 metropolitan governments in Tennessee. They are a form of city-county consolidation and exercise substantially all of the functions of both under state law. They are Nashville-Davidson, Lynchburg-Moore, and Hartsville-Trousdale.

• In addition, there are 469 special districts and 14 independent school districts.

Further municipal classification:

All municipalities are governed under a charter. However, there is significant difference in the degree of local autonomy depending on the type of charter.

• Home rule charter: 14 cities and towns operate under a home rule charter and exercise substantial local autonomy. They are Chattanooga, Clinton, East Ridge, Etowah, Johnson City, Knoxville, Lenoir City, Memphis, Mt. Juliet, Oak Ridge, Red Bank, Sevierville, Sweetwater and Whitwell.

• Private act charter: 212 cities and towns operate under a private act charter which was granted by the state General Assembly. While the charter is individualized to the city or town, the General Assembly and state statutes maintain more control over the municipality compared to home rule municipalities.

• General law: The remaining cities and towns are incorporated with a standardized charter set by state statutes. They may be incorporated under a Mayor-Aldermanic Charter (T.C.A., Title 6, Chapters 1-17); Uniform City Manager-Commission Charter (T.C.A., Title 6, Chapters 18-29); or Modified City Manager-Council Charter (T.C.A., Title 6, Chapters 30-36). A Metropolitan Government Charter (T.C.A., Title 7, Chapters 1-6) also falls in this category, but statutes authorize considerable freedom for metropolitan governments to individualize their charters.

School districts

See also: School bond and tax elections in Tennessee

Tennessee is one of eight states along with the District of Columbia that does not hold school bond or school tax referendums. Under Tennessee law, all tax levies must be certified by the county in which the school district resides in. Also, all bonds in Tennessee must be sold at 98 percent of its value or higher with zero (0%) percent interest. All bonding must be approved by the Tennessee State Funding Board.

Local recall rules

A guide to local ballot initiatives

The Tennessee code authorizes broad recall powers against local elected officials. Local recall is governed by Tenn. Code Ann. §2-5-151, Tenn. Code Ann. §6-31-301 through Tenn. Code Ann. §6-31-307, Tenn. Code Ann. §6-36-102 and Tenn. Code Ann. §6-53-108.

For additional detail, see: Laws governing recall in Tennessee

Initiative process availability

The 2 home rule charter counties, Shelby and Knox, authorize initiative for charter amendments.

The 3 metropolitan governments, Nashville-Davidson, Lynchburg-Moore, and Hartsville-Trousdale, authorize initiative for charter amendments.

At least 7 cities have initiative for ordinances through their private act charter. These are Algood, Bristol, Cookville, Eagleville, Gatlinburg, Jackson, and Murfreesboro.

At least 2 cities have initiative for ordinances through their home rule charter. These are Chattanooga and Knoxville. As charter amendments may be proposed by ordinance, this process has been used for charter amendments as well.

The process is unique to the city or county, but state law TCA 2-5-151 does set some requirements. Requirements for the top 10 most populated municipalities are provided below.

Ballot Law Portal

Laws Governing Ballot Measures

Authority

Tennessee Constitution Art. XI, Section 9 states that home rule charters may be amended by ordinance. This is also stated in Tennessee Code § 6-53-105 b.

If a city authorizes initiative, Tennessee Code § 2-5-151 contains minimum requirements that must be met.

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

List of most populated cities in Tennessee
City	Population	City type	Next election
Memphis	652,050	Home rule charter	N/A
Nashville	609,644	Metropolitan charter (consolidated with Davidson county)	N/A
Knoxville	180,761	Home rule charter	N/A
Chattanooga	170,136	Home rule charter	N/A
Clarksville	136,231	Private act charter	N/A
Murfreesboro	111,327	Private act charter	N/A
Jackson	65,187	Private act charter	N/A
Franklin	64,317	Private act charter	N/A
Johnson City	63,815	Home rule charter	N/A
Bartlett	55,055	Private act charter	N/A

Initiative is available in 5 of the top 10 most populated cities. The provisions below come from the specific city charter and the requirements of Tennessee Code § 2-5-151.

Individual city provisions   Memphis Population as of the July, 2011 census update: 652,050. Home rule charter city, does not authorize initiative. Nashville Population as of the July 2011 census update: 609,644. Metropolitan charter (consolidated with Davidson county), authorizes initiative for charter amendments. Charter amendments: Signature requirement is 10% of those registered to vote in Nashville-Davidson County. File completed petitions with the metropolitan clerk. After the county election commission certifies the signatures, the proposal goes to election not less than 90 days from filing. Majority vote passes the measure. Nashville-Davidson Charter, Art. 19 Knoxville Population as of the July, 2011 census update: 180,761. Home rule charter city, authorizes initiative for ordinances. Ordinances: Signature requirement is 7% of those registered to vote in the city as of January 1 of the year in which the petition is certified or seven thousand (7,000) signatures, whichever is greater. Before a petition may be circulated, at least one registered voter of the city shall file the proposed petition with the county election commission for pre-approval (TCA 2-5-151). Petition content requirements are in Knoxville Charter, Sec. 708, 709. Completed petitions must be filed within 75 days of pre-approval, and at least 60 days prior to a regular election to appear on that ballot (TCA 2-5-151). After certification, the council has 30 days to adopt or shall call a special election, unless a regular election is fixed within 6 months. Majority vote passes the measure. Note: Twice during the 90’s Knoxville’s initiative process was used indirectly to initiate charter amendments. The city charter provides that a charter amendment can be proposed by ordinance (as does state law). In both instances proponents submitted petitions enacting an ordinance that proposed a charter amendment. Both initiated ordinances were adopted by the voters, and ultimately, both charter amendments were adopted as well. Knoxville Charter, Art. VII Chattanooga Population as of the July, 2011 census update: 170,136. Home rule charter city, authorizes initiative for ordinances. Ordinances: Signature requirement is 25% of the votes cast for all the candidates for mayor at the last preceding general municipal election. Before a petition may be circulated, at least one registered voter of the city shall file the proposed petition with the county election commission for pre-approval (TCA 2-5-151). Petition content requirements are in Chattanooga Charter, Sec. 11.24 and 3.18. Completed petitions must be filed within 75 days of pre-approval, and at least 60 days prior to a regular election to appear on that ballot (TCA 2-5-151). After certification, council has 6 weeks to adopt or submit at special election to be held as soon as may be done conformably to law, unless a general municipal election is fixed to be held within 90 days. Majority vote passes the measure. Note: As state law provides that a charter amendment can be proposed by ordinance, this process may be available to indirectly initiate charter amendments (as in Knoxville). Chattanooga Charter, Title 11 Clarksville Population as of the July, 2011 census update: 136,231. Private act charter, does not authorize initiative. Murfreesboro Population as of the July, 2011 census update: 111,327. Private act charter, authorizes initiative for ordinances. Ordinances: Signature requirement is 15% of the votes cast for the candidate receiving the highest number of votes in the last preceding regular election of the city. Before a petition may be circulated, at least one registered voter of the city shall file the proposed petition with the county election commission for pre-approval (TCA 2-5-151). Completed petitions must be filed within 75 days of pre-approval, and at least 60 days prior to a regular election to appear on that ballot (TCA 2-5-151). After certification, council may adopt on its own or shall submit to an election. Majority vote passes the measure. Restrictions: "No ordinance making an appropriation or fixing a tax levy shall be referred to the voters of the city, under the provisions of this section, and neither the repeal nor amendment of any ordinance, affected under the provisions of this section, shall in any manner impair, invalidate or affect any contract or property right that may have been acquired or which may have become vested under and by virtue of any such ordinance while the same remained unrepealed or unamended." Murfreesboro Charter, Sec. 26 Jackson Population as of the July, 2011 census update: 65,187. Private act charter, authorizes initiative for ordinances. Ordinances: Signature requirement is 10% of the votes cast for candidates for council at the last preceding general municipal election. Before a petition may be circulated, at least one registered voter of the city shall file the proposed petition with the county election commission for pre-approval (TCA 2-5-151). Petition content requirements are in Jackson Charter, Sec. 30. Completed petitions must be filed within 75 days of pre-approval, and at least 60 days prior to a regular election to appear on that ballot (TCA 2-5-151). After certification, council has 15 days to adopt or submit to election as soon as it may be done in conformity to law, unless a general municipal election is fixed to be held within 90 days. Majority vote passes the measure. Jackson Charter, Sec. 30 Franklin Population as of the July, 2011 census update: 64,317. Private act charter, does not authorize initiative. Johnson City Population as of the July, 2011 census update: 63,815. Home rule charter, does not authorize initiative. Bartlett Population as of the July, 2011 census update: 55,055. Private act charter, does not authorize initiative.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Tennessee

External links

• Ballotpedia Research Document, Local Initiative in Tennessee
• Tennessee Municipal League
• Municipal Technical Advisory Service, Getting to Know Your Municipal Charter

References

Laws governing ballot measures in the United States

Laws governing ballot measures

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Changes to laws governing ballot measures

Types of ballot measures

Citizen-initiated ballot measures • Legislatively referred ballot measures • Automatically referred ballot measures • Commission-referred ballot measures • Convention-referred constitutional amendments

Ballot measure policy terms

Glossary of ballot measure policy terms

Local ballot measures

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