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A resolution expressing opposition to House Bill 1280/Senate Bill 1342 which proposes to mandate nonpartisan races for all offices elected in countywide elections in Davidson County and Shelby County.
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WHEREAS, each year the Tennessee General Assembly (General Assembly) convenes in legislative session in January. During the legislative session, the General Assembly adopts new laws that affect a wide range of issues;? and
WHEREAS, currently pending for consideration in the 112th Regular Session (2021-2022) is House Bill 1280 /Senate Bill 1342 which, as introduced, amends Tennessee Code Annotated, Section 17-1-103 to include a new subsection (c), which would require that "...elections for all judicial offices that are elected in a countywide election must be nonpartisan..."; and
WHEREAS, HB1280/SB1342, as introduced, also amends Tennessee Code Annotated, Section 2-13-208(b) to say that, "...elections for all offices that are elected in a countywide election and elections for the legislative body must be nonpartisan"; and
WHEREAS, last year, the Tennessee Court of Appeals held that legislation applicable only to Shelby and Davidson County regarding the proposed school voucher program was unconstitutional, as it violated Article XI, Section 9 of the Tennessee Constitution; and
WHEREAS, laws adopted by the Tennessee General Assembly that apply only to particular counties, such as HB1280/SB1342, are constitutionally suspect as they target particular local governments without the constitutionally required approval of the local legislative body; and
WHEREAS, while this legislation purports to apply to any county in Tennessee with a population greater than 500,000, in reality, this legislation would only apply to Davidson County and Shelby County; and
WHEREAS, further, HB1280/SB1342, if adopted in its current form, would significantly change the countywide election process for electing the county judges, county sheriff, and district attorney general in Dav...
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