Attorney General Opinions 
Relating to County Government

2006 Elections

  • A county cannot hold a non-binding advisory referendum without the express grant of such power by the state legislature.  Because no general law grants this authority, a private act is necessary.  Opinion No. 06-163 (October 12, 2006).
  • Whether officials and employees of county election commissions may legally receive fees, commissions, or other compensation from a person or entity doing business or seeking to do business with the election commission depends on the circumstances. Acceptance of such a payment is a crime if it is accepted with the understanding that it will influence the exercise of the recipient’s judgment.  Other statutory conflict of interest provisions may apply, and public disclosure may be required.  Members, officials, and employees of county election commissions are not prohibited from receiving compensation for “consulting services.”  Opinion No. 06-159 (October 9, 2006).
  • Under T.C.A. § 2-8-111(1) the county legislative body casts the deciding vote when there has been a tie vote in a popular election for an office filled by vote of a single county or civil district.  When the county legislative body votes to break a tie between an incumbent member of the county legislative body and a challenger, the incumbent commissioner may vote for herself.  Opinion No. 06-132 (August 15, 2006).
  • For regular August and November elections the county election commission is only required to provide for early voting at its offices.  For other elections, upon request of a city the county election commission is required to provide for a satellite voting location within the city’s municipal limits, with the city to be responsible for the cost.  A county election commission’s decision to have two weeks of early voting at its offices and only one week of early voting at a satellite location in a city for the regular August election did not violate any law or constitutional provision.  Opinion No. 06-128 (August 15, 2006).
  • Under the statute that requires a person to register to vote at least 30 days before an election, when the 30th day falls on a Saturday, Sunday, or legal holiday, the deadline is the immediately preceding day that is not a Saturday, Sunday, or legal holiday.  Opinion No. 06-171 (November 22, 2006).
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