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

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 92 counties, 345 cities, towns, and villages, and 451 special districts. Three of the 95 counties in Tennessee are classified as service districts.

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. 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

Initiative is available in five 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
• Counties in Tennessee

External links

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