LIBERADIO(!)

So when I opened my sample ballot a few weeks ago, I was somewhat surprised to see an amendment to the Metro Charter on the ballot since I had heard nothing about it. I’m even more surprised that with just over a week to go until the election, I’ve still heard very little about it.

Fortunately, because our municipal website is of fairly high quality, the entire Metro Code is online. So I was able to compare the original with the new.

Here’s the original Section 15.03:

There shall be held a special metropolitan election to fill a vacancy for the unexpired term in the office of mayor whenever such vacancy shall exist more than nine (9) months prior to the date of the next general metropolitan election. The special election shall be ordered by the county commissioners of elections and they shall give notice thereof as provided by Tennessee Code Annotated, section 2-14-105. When a vacancy exists in the office of vice mayor, district council members or in the office of councilmembers-at-large, said office shall remain vacant until the next general election at which time such vacancy shall be filled; however, in no event shall a special election be held to fill such vacancy. If in such special election to fill a vacancy for the unexpired term of the office of mayor or in the general election at which time a vacancy in the office of vice mayor, district council member or councilmember-at-large, no candidate shall receive a majority of all the votes cast for such office, a runoff election shall be held five (5) weeks subsequent to the first special election to fill a vacancy in accordance with the provisions hereinbefore set forth in the case of a general metropolitan election. The provisions of section 15.01 hereof with respect to voting in general metropolitan elections and with respect to qualifying as a candidate shall apply to special elections and to general elections at which time a vacancy is filled.

And here is the amendment on this year’s ballot:

There shall be held a special metropolitan election to fill a vacancy for the unexpired term in the office of mayor and in the office of district councilmember whenever such vacancy shall exist more than twelve (12) months prior to the date of the next general metropolitan election. The special election shall be ordered by the county commissioners of elections and they shall give notice thereof as provided by Tennessee Code Annotated, section 2-14-105. When a vacancy exists in the office of vice mayor or in the office of councilmember-at-large, said office shall remain vacant until the next general election at which time such vacancy shall be filled; however, in no event shall a special election be held to fill such vacancy. If in such special election to fill a vacancy for the unexpired term of the office of mayor or district councilmember, or in the general election at which time a vacancy in the office of vice mayor or councilmember-at-large, no candidate shall receive a majority of all the votes cast for such office, a runoff election shall be held five (5) weeks subsequent to the first special election to fill a vacancy in accordance with the provisions hereinbefore set forth in the case of a general metropolitan election. The provisions of section 15.01 hereof with respect to qualifying as a candidate shall apply to special elections and to general elections at which time a vacancy is filled.

So, basically, the amendment stipulates that if a vacancy in the offices of mayor or district councilfolk occurs more than one year before a general election, we have a special election. Under current law, we’d have to have a special election if such a vacancy occurred within 9 months of a general election. In my opinion, this could cut down on the costs of a potentially unnecessary special election.

I haven’t yet dug deep enough to learn what happens in the event of a vacancy that lasts less than 9 months under current law. Does the Vice Mayor become interim mayor? Do vacated council seats just remain vacant?