Tennessee § 5-1-104 - County officers — Filling vacancies.

§ 5-1-104. County officers — Filling vacancies.

Each organized county shall have, in addition to the judicial officers elected by the qualified voters or by the county legislative body, such other officers as are authorized by law to manage county business. Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in § 2-1-104, in the county and is qualified. The county legislative body shall be required to make an appointment to fill a vacancy within one hundred twenty (120) days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section. Any appointment to fill a vacancy by the county legislative body shall be made in accordance with chapter 5, part 1 of this title. This subdivision (b)(1) shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. This subdivision (b)(1) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census. If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than sixty (60) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than sixty (60) days before the party primary election but sixty (60) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election. If a vacancy occurs more than ten (10) days prior to the regular qualifying deadline, then the regular qualifying deadline shall apply. If the vacancy occurs after the tenth day prior to the regular qualifying deadline, independent candidates and candidates nominated by any political party for the vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-fifth day 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, on the fifty-second day before the election. Notwithstanding any law or any provision of any charter of a metropolitan government to the contrary, whenever an election is held to fill a vacancy in a county office that is elected from districts, including, but not limited to, county school board members, county legislative body members, county highway commissions, and constables, the county legislative body may provide by resolution duly certified to the county election commission that persons qualifying as candidates shall be elected from the most recently adopted reapportionment plan in the county. If the county legislative body requires the election to be held using districts as adopted in the most recently adopted reapportionment plan in the county, the county legislative body shall specify to the county election commission which district shall be used to fill the vacancy by election. In the absence of a resolution requiring the latest reapportionment plan be used and specifying which district shall be used for the election, the election shall be held using the district as constituted for the election of the vacated incumbent. Code 1858, § 406 (deriv. Const. 1834, art. 7, § 1); impl. am. Acts 1870, ch. 98, § 1; Shan., § 498; Code 1932, § 744; Acts 1975, ch. 354, § 1; 1978, ch. 934, §§ 2, 24; 1979, ch. 10, §§ 1, 2; T.C.A. (orig. ed.), § 5-104; Acts 1981, ch. 314, § 1; 1981, ch. 318, § 1; 1992, ch. 707, § 1; 1997, ch. 558, §§ 24, 25; 2007, ch. 125, § 8; 2008, ch. 871, § 1; 2013, ch. 231, § 11. Code Commission Notes. Acts 1992, ch. 707, § 2 provided that the 1992 amendment by that act (subsection (c)) applies to elections for office for which the qualifying deadline occurs after April 13, 1992. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. County and other public officers and employees, title 8. Filling a vacancy in the office of constable, § 8-10-118 . Methods of nomination for office, § 2-13-203 . Nominating petitions, filing requirements and deadlines, § 2-5-101 . Officers elected by county legislative body, § 5-5-111 . Public administrators, guardians and trustees, title 30, ch. 1, part 4. Special elections, title 2, ch. 14. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 6; 8 Tenn. Juris., Counties, § 13. Attorney General Opinions. Vacancies on county commission's or county boards of education before 1992 elections, OAG 91-98, 1991 Tenn. AG LEXIS 110 (12/5/91). T.C.A. § 5-1-104 specifies no time within which the county commission must fill the vacancy, and the law imposes no penalty if the commission leaves the position vacant until it is filled at the next county general election, OAG 04-075, 2004 Tenn. AG LEXIS 67 (4/23/04). Filling of vacancies in county offices, OAG 07-022 (2/27/07). Open Meetings Act and appointments by county legislative body. OAG 10-126, 2010 Tenn. AG LEXIS 132 (12/30/10). Status of interim county mayor as member of county commission. OAG 11-2, 2011 Tenn. AG LEXIS 2 (1/7/11). Vacancy on county commission. OAG 12-79, 2012 Tenn. AG LEXIS 75 (7/31/12).