Fiscal Summary
Increase Local Expenditures –
$66,400/FY23-24
$702,500/FY24-25 and Every Four Years Thereafter*
$488,600/FY25-26 and Every Four Years Thereafter*
$609,900/FY26-27 and Every Four Years Thereafter*
$3,355,000/FY27-28 and Every Four Years Thereafter*
Bill Summary
MUNICIPAL ELECTIONS
Under present law, municipal elections are nonpartisan and must not require candidates to be nominated by political parties unless the municipality's charter specifically permits partisan elections. When a municipality's charter does allow partisan elections, then political parties may nominate candidates for municipal office by using the primary election provisions of law or as otherwise authorized by the rules of the party. In a county having a metropolitan form of government (Davidson, Moore, and Trousdale counties), the election of county mayor and members of the legislative body of such government must be considered to be municipal elections. However, this provision does not require a partisan election for other officers of the municipal government if the charter of such government provides that elections for such officials must be nonpartisan. All elections for the councils of cities and towns are nonpartisan.
This bill deletes these provisions and requires that, except as otherwise provided by the Tennessee Constitution and the provisions of law regarding the election of certain judges, an election for state or local public office for which a candidate is duly elected by the citizenry is partisan. Political parties are authorized to nominate candidates for state or local public office by using the primary election provisions of law or as otherwise authorized by the rules of the party.
ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTERS
Present law provides that all corporate, legislative, and other powers of the city under a modified city manager-council charter are vested in a council and that elections to that council must be nonpartisan. This bill deletes the nonpartisan requirement.
ELECTIONS OF JUDGES
Under present law, the judges of the supreme court, the court of appeals, and the court of criminal appeals must be elected by the qualified voters of the state in a statewide retention election, and any appointments to fill a vacancy or a full eight-year term must be made in accordance with law. The chancellors, circuit court judges, criminal court judges, and judges of any other state trial court of record must be elected by the qualified voters of their respective judicial districts, and any appointments due to a vacancy in any of these offices must be made in accordance with law. Under present law, by resolution adopted by two-thirds vote of the county legislative body of Shelby County, the county legislative body may require that all elections to fill state trial court judgeships and county judicial offices in such county be conducted in a nonpartisan manner.
This bill revises the above provisions as follows:
(1) Requires that a judge of the supreme court, court of appeals, or court of criminal appeals standing for election in a retention election declare bona fide membership in a political party or independent status at least 30 days prior to the date of the retention election; and
(2) Requires the chancellors, circuit court judges, criminal court judges, and judges of any other state trial court of record to be elected in a partisan election; and
(3) Removes the provision applicable to Shelby County.
FORMS OF BALLOTS ON VOTING MACHINES
Under present law, in any county where a voting machine will not accommodate the entire ballot, the coordinator of elections, with the approval of the county election commission, may permit the placement of the ballot on paper ballots. However, in Sullivan county, the coordinator must permit the placement of candidates in nonpartisan elections for county commission on paper ballots. This bill deletes the word "nonpartisan" from this provision applicable to Sullivan County.
ELECTIONS FOR BOARDS OF EDUCATION
Under present law, there must be a board of education elected by the people. Present law authorizes elections for school board members to be conducted on a partisan or nonpartisan basis. If at least one county primary board of a political party elects to conduct school board elections on a partisan basis, then a person seeking a position on any board in that county may campaign as the nominee or representative of a political party, and political parties may nominate candidates for membership on the board by any method authorized under the rules of the party or by primary election under law. This bill revises these provisions to require an election for school board members to be conducted on a partisan basis and requires a person seeking a position on a school board to campaign as the nominee or representative of the political party. Political parties may still nominate the candidates for membership on the board by any method authorized under the rules of the party or by primary election under law.
APPLICABILITY
This bill applies to elections conducted on and after January 1, 2024.
