Tennessee § 6-1-202 - Election to adopt charter.

§ 6-1-202. Election to adopt charter.

The county election commission shall hold an election for the purpose of determining whether this charter shall become effective for any municipality or newly incorporating territory upon the petition in writing of at least thirty-three and one-third percent (331/3%) of the registered voters of the municipality or territory. The petition shall include a current list of the registered voters who live within the proposed territory. The petition shall state in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one. Upon receipt of the petition, the county election commission shall examine the petition to determine the validity of the signatures in accordance with § 2-1-107. The county election commission shall have a period of twenty (20) days to certify whether the petition has the sufficient number of signatures of registered voters. If the petition is sufficient to call for an election on the issue of incorporation, the county election commission shall hold an election, providing options to vote “FOR” or “AGAINST” the incorporation of the new charter, 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. The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the municipality or of the proposed municipality, and post the notice in at least three (3) places in the territory. At any time not less than thirty (30) days prior to the election provided for in this part, the petition may be withdrawn or may be amended to call for a smaller territory for the proposed municipal corporation so long as all of the proposed smaller territory is contained within the boundaries of the territory described in the first petition. The withdrawal or amendment shall be valid if filed with the county election commission in writing, and if signed by not fewer than fifty-one percent (51%) of those who signed the original petition. In the event such an amended petition is filed, all provisions relating to time periods in § 6-1-201 shall be controlled by the date of the filing of the original petition, notwithstanding the filing of the amended petition, and the county election commission shall publish the notice of election as provided for in subsection (a). A petition to withdraw, when filed with and validated by the county election commission, shall render the original petition null and void. A cash bond equivalent to the costs of the election to incorporate under this charter shall be filed by the petitioners with the county election commission together with the petition for incorporation. Acts 1991, ch. 154, § 1; 1997, ch. 98, § 4; 1998, ch. 1101, § 28. Code Commission Notes. The 1997 amendments to this section (enacted pursuant to Acts 1997, ch. 98) were found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997). The provisions as set out above reflect the section as it appeared prior to the 1997 amendments and as amended by subsequent legislation. Compiler's Notes. Former part 2, §§ 6-1-201 — 6-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991. Attorney General Opinions. Incorporation by municipalities that held elections under voided Small Cities Act, 98-052 (3/2/98).