Tennessee § 9-21-207 - When an election is necessary.

§ 9-21-207. When an election is necessary.

No election upon a proposition for the issuance of general obligation bonds shall be necessary: If the general obligation bonds are to be issued for water works or sewerage purposes and if the governing body, by a vote of three-fourths (¾) of its members then in office, determine and declare in the initial resolution that an emergency requires the issuance of such bonds, which determination and declaration shall be conclusive; or In any case where a petition has not been filed within the time limit specified in § 9-21-206. If a petition protesting the issuance of the general obligation bonds signed by at least ten percent (10%) of the registered voters of the local government, determined as of the date of publication of the notice required in § 9-21-206, or that portion, if applicable, which is liable to be taxed therefor, is filed with the official charged with maintaining the records of the local government within twenty (20) days from the publication of the initial resolution, then no general obligation bonds shall be issued without the assent of the majority of the registered voters in the local government or a portion of the local government, if applicable, voting upon a proposition for the issuance of the general obligation bonds in the manner provided by §§ 9-21-209 and 9-21-210. The county election commission shall certify to the local government within fifteen (15) days of receipt by the county election commission of any petition filed hereunder, the total number of registered voters as of the date of publication of the notice and the total number of valid signatures of registered voters signing the petition. Registered voters shall not withdraw their signatures from a petition after signing the petition. Acts 1986, ch. 770, § 2-7; 1993, ch. 514, § 2. Compiler's Notes. Acts 1993, ch. 514, § 11 provided that it is the legislative intent that the amendment by that act be prospective only, and apply to all bonds and notes issued or all contracts entered into after July 1, 1993, and that any initial resolution already published but not finalized be subject to the requirements of the law as it existed prior to that date. Attorney General Opinions. Special elections on general obligation bonds for school purposes, OAG 99-034, 1999 Tenn. AG LEXIS 17 (2/18/99). If a county commission authorizes the issuance of general obligation bonds, a petition protesting issuance of the bonds is filed, and the county commission then rescinds its resolution authorizing the bonds, the county is not required to hold an election on the proposition to issue the bonds. OAG 13-87, 2013 Tenn. AG LEXIS 88 (11/6/13). If a local government rescinds a resolution authorizing the issuance of general obligation bonds—on which a referendum election would have been required—and instead adopts a different debt financing plan—on which a referendum election would not normally be required—the local government does not have to hold an election. OAG 18-41, 2018 Tenn. AG LEXIS 40 (9/4/2018).