Laws governing recall in Tennessee
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The recall of local elected government officials in Tennessee 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.
Who may be recalled?
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."[1]
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.[2]
Features of the law
| Can you recall a federal official? | |
| The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation » | |
Commencement
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.
Grounds must be stated
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.
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.[2]
Time allowed to collect signatures
- 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.
Date of recall election
- "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.
See also
- Laws governing recall
- Recall campaigns in Tennessee
- States that have pre-petition signature requirements for recalls
- States that require grounds for recalls
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
