6-20-102 - Date of elections.
6-20-102. Date of elections.
(a) The first election of commissioners in any city under chapters 18-22 of this title shall be held on the fourth Tuesday following the election at which the provisions of these chapters have been adopted. The board of commissioners shall fix the date of all subsequent elections; provided, that any date so designated shall fall within ninety (90) days of the annual anniversary of the first election of the board of commissioners.
(b) In any city having a population of not less than three hundred seventy-five (375) nor more than four hundred twenty-five (425), in any county having a population of not less than twenty-eight thousand (28,000) nor more than twenty-eight thousand one hundred (28,100), all according to the 1970 federal census or any subsequent federal census, the board of commissioners shall fix the date of all subsequent elections; provided, that any date so designated shall be set at least one hundred twenty (120) days prior to the date such election is to be held. The presiding officer of the board of commissioners shall certify such election date, or any subsequent change thereto, to the secretary of state.
(c) (1) In addition to the authority granted by subsections (a) and (b), the board of commissioners may, by an ordinance approved by an affirmative two-thirds (2/3) vote of its membership, fix the date of subsequent regular municipal elections as the date of the regular November election as defined in § 2-1-104.
(2) (A) During the transition period, if a term expires six (6) months or less before a regular November election, the board of commissioners may by ordinance extend the length of the term of an incumbent to coincide with the next regular November election.
(B) During the transition period, if a term expires more than six (6) months before a regular November election, the board of commissioners shall fix the date of the election as long as any date so designated falls within ninety (90) days of the annual election anniversary of the first election of the board of commissioners. In such election, the term of office shall be a transitional one, which shall extend only until the next regular November election that occurs more than three (3) years after such scheduled election.
(C) After the transitional period, all terms of office for members of the board of commissioners shall be four (4) years.
(D) Nothing in this subsection (c) shall be construed to 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 selected.
(3) The provisions of this subsection (c) shall have no effect unless approved by a two-thirds (2/3) vote of the board of commissioners of any municipality to which they may apply. The presiding officer of the board shall certify the approval of this subsection (c) and a timetable of transitional elections that implement this subsection (c) to the secretary of state.
(d) (1) In addition to the authority granted by subsections (a), (b) and (c), the board of commissioners of any municipality incorporated under the general laws of this state and having a population of not less than four hundred fifty (450) nor more than four hundred sixty (460), or not less than four hundred eight-five (485) nor more than four hundred ninety-four (494), that is located in any county having a population of not less than fifty-one thousand two hundred (51,200) nor more than fifty-one thousand three hundred (51,300), all according to the 2000 federal census or any subsequent federal census, may, by an ordinance approved by an affirmative two-thirds (2/3) vote of its membership, fix the date of subsequent regular municipal elections as the date of the regular November election as defined in § 2-1-104, by one (1) of the following alternative methods specified in the ordinance:
(A) The terms of office of the incumbent members of the board of commissioners and popularly-elected mayor, if there is one, that would have expired on the date of the first regular municipal election occurring after the adoption of the ordinance shall be extended to the date of the regular state November election occurring thereafter. The terms of office of the incumbent members of the board of commissioners and popularly-elected mayor, if there is one, that would have expired on the date of the second regular municipal election occurring after the adoption of the ordinance shall be extended to the date of the regular state November election occurring thereafter; or
(B) The terms of incumbent members of the board of commissioners, and the popularly-elected mayor, if there is one, that expire six (6) months or less before a regular state November election, shall be extended to the date of that state election. The terms of members of the board of commissioners and the popularly-elected mayor, if there is one, that expire more than six (6) months before a regular state November election shall be filled at the regular city election pertinent to those offices for terms extending to the next regular state November election.
(2) Members of the board of commissioners, and the popularly-elected mayor, if there is one, shall be elected for terms of four (4) years, except for the transitional term provided for in subdivision (d)(1)(B).
(3) Nothing in this subsection (d) shall be construed to 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 selected.
[Acts 1921, ch. 173, art. 2, § 4; Shan. Supp., § 1977a128; Code 1932, § 3525; Acts 1971, ch. 273, § 1; T.C.A. (orig. ed.), § 6-2002; Acts 1982, ch. 898, § 1; 1985, ch. 79, § 1; 2007, ch. 44, § 1.]