Dear Reader:
The following document was created from the MTAS website (www.mtas.tennessee.edu). This website is maintained daily by MTAS staff and seeks to represent the most current information regarding issues relative to Tennessee municipal government.
We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with municipal government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document.
Please feel free to contact us if you have questions or comments regarding this information or any other MTAS website material.
Sincerely,
The University of Tennessee
Municipal Technical Advisory Service
1610 University Avenue
Knoxville, TN 37921-6741
865-974-0411 phone
865-974-0423 fax
www.mtas.tennessee.edu
October 9, 2006 (updated October 2017)
Dear Sir:
You have the following question: Is a recall election a “general election,” within the meaning of Tennessee’s Election Code?
If the Tennessee Attorney General’s opinions on that question are correct, the answer appears to be no, although a recall election might be held on the date of a general election. I point you to Tennessee Attorney General’s Opinions 82-223, 98-172 and 03-109, which I have attached. However, it is only OAG 82-223 that makes it clear that a referendum is not a general election.
In OAG 03-109 one of the questions was when a referendum or initiative could be placed on the ballot. That opinion pointed to Tennessee Code Annotated, § 2-5- 151, which provides that:
(A) any governmental entity having a charter provision for a petition for recall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
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(f)(2) In addition, a petition for recall, referendum or initiative shall be filed at least ninety (90) days before a general municipal or county election may be held on the question contained in such petition. The question contained in a petition filed less than ninety (90) days before an upcoming general municipal or county election will be placed on the ballot of the following general municipal or county election.
That statute itself does appear to distinguish between recall elections and general elections, but provides that the former can be held in conjunction with a general city or county election.
Let me know what you think.
Sincerely,
Sidney D. Hemsley
Senior Law Consultant
SDH/
Links:
[1] https://www.mtas.tennessee.edu/kb-authors/hemsley-sid
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this website.
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