Tennessee HB 1497: Election Laws - As introduced, requires the legislative body of each municipality to change the date of municipal elections to coincide with the August primary or November general election; makes municipal elections partisan; standardizes the election timetable for referendums for the incorporation of a new municipality. - Amends TCA Title 2; Title 5; Title 6 and Title 7.

Bill Text

Senate State and Local Government 1

Amendment No. 1 to SB1630

Briggs
Signature of Sponsor

AMEND Senate Bill No. 1630 House Bill No. 1497*

SA0861
014946
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by deleting all language after the enacting clause and substituting:
SECTION 1. Tennessee Code Annotated, Section 6-20-102, is amended by deleting the
section.
SECTION 2. Tennessee Code Annotated, Section 6-31-102, is amended by deleting the
section.
SECTION 3. Tennessee Code Annotated, Section 6-54-138, is amended by deleting the
section.
SECTION 4. Tennessee Code Annotated, Title 6, Chapter 53, is amended by adding
the following as a new section:
(a) Notwithstanding any private act of a municipality to the contrary, the
legislative body of each municipality shall change the date of municipal elections to
coincide with the regular August or regular November election, as those terms are
defined in § 2-1-104.
(b) The ordinance changing the election date must provide for the extension of
the terms of members of the legislative body of the municipality necessary to meet the
election date, but no term may be extended for more than two (2) years beyond its
regular expiration date. When the dates of a municipality's elections are changed
pursuant to subsection (a), the presiding officer of the legislative body shall file a certified
copy of the ordinance with the state coordinator of elections.
(c) This section does not remove any incumbent from office or abridge the term
of any incumbent prior to the end of the term for which an elected official was elected.

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(d)
(1) Except as provided in subdivision (d)(2), the first election of the
members of a legislative body in a municipality that is chartered after the
effective date of this act must be held with an upcoming regular primary or
general election being held in the jurisdiction. If the election at which a charter
under this title is adopted occurs on or before ten (10) days before the regular
qualifying deadline, then the regular qualifying deadline applies. If the election
occurs less than ten (10) days before the regular qualifying deadline,
independent candidates and candidates nominated by any political party must
qualify no later than twelve o'clock (12:00) noon, prevailing time, fifty-five (55)
days before the election. If the qualifying deadline is the fifty-fifth day before the
election, candidates must withdraw no later than twelve o'clock (12:00) noon,
prevailing time, fifty-two (52) days before the election.
(2) If an election to incorporate is held on the regular November election
and the majority of the votes cast are in favor, then the first election of the
members of the legislative body in the newly incorporated municipality must be
held as a special election under title 2, chapter 14.
(3) After an initial election is held pursuant to subdivision (d)(1) or (d)(2),
the legislative body of the municipality shall fix the date of all subsequent
elections to coincide with the regular August or regular November election, as
those terms are defined in § 2-1-104.
SECTION 5. Tennessee Code Annotated, Title 7, Chapter 3, Part 1, is amended by
adding the following as a new section:
(a) Notwithstanding a provision of a metropolitan charter to the contrary, the
legislative body of each metropolitan government shall change the date of the
metropolitan government elections to coincide with the regular August or regular
November election, as those terms are defined in § 2-1-104.

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(b) The ordinance changing the election date must provide for the extension of
the terms of elected officials of the legislative body necessary to meet the election date,
but no term may be extended for more than two (2) years beyond its regular expiration
date. When the dates of elections are changed pursuant to subsection (a), the presiding
officer of the legislative body shall file a certified copy of the ordinance with the state
coordinator of elections.
(c) This section does not remove any incumbent from office or abridge the term
of any incumbent prior to the end of the term for which an elected official was elected.
SECTION 6. Tennessee Code Annotated, Section 6-1-202(a), is amended by deleting
the language "not less than forty-five (45) days nor more than sixty (60) days after the petition is
certified. The date of the election shall be set in accordance with § 2-3-204." and substituting
instead "at the next election, as defined in § 2-1-104.".
SECTION 7. Tennessee Code Annotated, Section 6-1-202(b), is amended by deleting
the language "thirty (30) days" and substituting instead "ninety (90) days".
SECTION 8. Tennessee Code Annotated, Section 6-1-204(b), is amended by deleting
the language "in accordance with § 2-8-105(3) within forty-eight (48) hours after the election."
and substituting instead "in accordance with title 2, chapter 8, part 1.".
SECTION 9. Tennessee Code Annotated, Section 6-1-207(a), is amended by deleting
the subsection and substituting instead:
(a) The county election comm