Tennessee § 2-3-102 - Precincts — Establishment, consolidation, or change of boundaries.

§ 2-3-102. Precincts — Establishment, consolidation, or change of boundaries.

No voting precinct shall be established, created, consolidated, divided, or the boundaries otherwise altered unless ordered by a court of competent jurisdiction, by reason of an annexation or other change in the boundary of a county or municipality, or in accordance with subsection (b). Any precinct boundary that is altered in accordance with this subsection (a) shall coincide with a census block as designated by the United States census bureau in the latest federal decennial census. The county election commission may establish, consolidate, or change the boundaries of precincts whenever the public convenience or law requires it; provided, that if any precinct boundary is altered pursuant to this subsection (b) then all of the following conditions must be met: Any precinct boundary that is altered shall coincide with a census block as designated by the United States census bureau in the latest federal decennial census; and After December 31, 2018, all precinct boundaries within the jurisdiction of the county election commission that do not coincide with a census block as designated by the United States census bureau in the latest federal decennial census shall be altered so that the precinct boundaries do coincide with a census block as designated by the United States census bureau in the latest federal decennial census. Any county election commission that alters the boundaries of any voting precinct in accordance with this section shall send a map, or geographic information systems file, to the office of local government which clearly delineates the new boundaries of the voting precinct. Acts 1972, ch. 740, § 1; T.C.A., § 2-302; Acts 1984, ch. 951, § 1; 1991, ch. 373, § 1; 1993, ch. 362, § 1; 1999, ch. 421, §§ 1-5; 2011, ch. 46, §§ 1-4; 2018, ch. 581, § 3. Compiler's Notes. Acts 1982, ch. 900, § 49 and ch. 944, § 4 each provide that notwithstanding the provisions of this section to the contrary, the county election commission shall make such changes in the boundaries of precincts as may be necessitated by those acts (which changed the description of several state representative districts described in § 3-1-103 ) prior to any election held after the effective dates (April 4, 1982 and May 19, 1982) of those acts. Amendments. The 2018 amendment rewrote the section which read: “(a)(1) After May 16, 1991, no voting precinct shall be established, created, consolidated, divided or the boundaries otherwise altered unless ordered by a court of competent jurisdiction, by reason of an annexation or other change in the boundary of a county or municipality or in accordance with subdivision (a)(2). Any boundary which is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census. After phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census. After March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census.”(2) The county election commission may establish, consolidate or change the boundaries of precincts whenever the public convenience or law requires it; provided, that if any precinct boundary is altered pursuant to this subdivision (a)(2) then all of the following conditions must be met:”(A) Any boundary which is altered in accordance with this subdivision (a)(2)(A) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census; provided, that after phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census; provided, further, that after March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census; and”(B) All precinct boundaries within the jurisdiction of such county election commission that do not coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census shall be altered so that such boundaries do coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census; provided, that after phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census; provided, further, that after March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census.“(3) Any political subdivision which alters the boundaries of any voting precinct in accordance with this subsection (a) shall send a map to the office of local government and to the office of management information services for the general assembly, which map shall clearly show the new boundaries of such voting precinct.“(4) All census descriptions, census delineations, census district lines and other census designations as used in this subsection (a) are those established for and by the United States bureau of the census for taking either the 1990, 2000 or 2010 federal decennial census in Tennessee.“(b) Notwithstanding the provisions of subdivision (a)(2) to the contrary, a precinct boundary established, consolidated or changed pursuant to subdivision (a)(2) may coincide with a line which divides a census block if:“(1) The line splitting the census block was approved by the United States bureau of the census and population was allocated between the areas split by such line pursuant to the fee paid block split program of such bureau; and“(2) In addition to the maps required to be submitted pursuant to subdivision (a)(3), the allocation of population for any split block is also sent to the office of local government and to the office of management information services for the general assembly.” Effective Dates. Acts 2018, ch. 581, § 4. March 16, 2018. Cross-References. Changes in state representative district precincts, § 3-1-103 . Law Reviews. Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335 (1961).