Voting

  1. Law
  2. Tennessee Code
  3. Counties
  4. County Legislative Bodies
  5. Substantive Provisions
  6. Voting

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  1. A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to:
    1. Elect county officials required by law to be elected by the body;
    2. Fix salaries;
    3. Appropriate money; and
    4. Transact all other business coming before the county legislative body in regular or special sessions.
    1. If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote.
    2. If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.

Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Option to redesignate county mayor as county executive by private act, §5-6-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. T.C.A. §5-5-109, which provides methods for presenting business to a county legislative body, T.C.A. §5-5-110, does not conflict with which requires a majority vote of all members of the county legislative body to transact business, OAG 03-001, 2003 Tenn. AG LEXIS 1 (1/03/03).


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