In Tennessee, legislatively referred amendments are the only form of statewide direct democracy available. Proposed amendments must be submitted to voters at a general election for the Governor. The Tennessee legislature drafts the ballot question, which is presented on the ballot alongside a summary of the proposal drafted by the Attorney General. The state’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available through other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Tennessee
Tennessee does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Tennessee voters. Tenn. Const. art. XI, § 3.
Election Timing
A proposed amendment must first be approved by a majority of all members elected to each house and is then referred to the next General Assembly. If approved by 2/3 members of each house of that succeeding General Assembly, the amendment is then submitted to the electors “at the next general election in which a governor is to be chosen.” Tenn. Const., art. XI, § 3. To be adopted, an amendment must receive the approval of the majority of citizens voting in the election for the Governor. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Tennessee Constitution must include the following.
- Question to be submitted to the people.
- The statute does not specify that any entity other than the state legislature is involved in drafting the question. See Code Ann. § 2-5-208(f)(1).
- Brief summary of the proposal (200 words or less).
- The Attorney General is to draft the summary in a clear and coherent manner using words with common everyday meanings. Code Ann. § 2-5-208(f)(2)(B).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the Tennessee Constitution, publication of a proposed amendment is required after it is approved by the first General Assembly and referred to the next General Assembly to be elected. The amendment “shall be published six months previous to the time of making such choice[.]” Tenn. Const. art. XI, § 3.
Establishing standing has been an obstacle to enforcing the publication requirement. See , 195 S.W.3d 612 (Tenn. 2006). In its opinion dismissing the case on standing grounds, the Tennessee Supreme Court suggested it is within the purview of the legislature to determine how to fulfill the publication requirements of the Tennessee Constitution. Id. at 626 & n.12.
Voter Information Pamphlet
X Tennessee law does not require a state voter information pamphlet for constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
Tennessee’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.