Tennessee Code Annotated

Tenn. Code Ann. § 2-3-204 (2026)

Elections on questions

✓ current as of May 2026

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(a) Elections on questions submitted to the people shall be held on dates set by the county election commission but not less than seventy-five (75) days nor more than ninety (90) days after the county election commission is directed to hold the election under the law authorizing or requiring the election on the question. If the election is to be held in more than one (1) county, the county election commissions shall meet and set the date jointly.

(b) Resolutions, ordinances or petitions requiring the holding of elections on questions submitted to the people which are to be held with the regular August election, the regular November election, any regularly scheduled municipal election or the presidential preference primary shall be filed with the county election commission not less than seventy-five (75) days prior to such election.

(c) If the date for an election on a question, as set by a county election commission or by two (2) or more commissions jointly, falls within ninety (90) days of an upcoming regular primary or general election being held in the jurisdiction voting on the question, the commission or commissions may reset the date of the election on a question to coincide with the regular primary or general election, even though this may be outside of the time period established herein. All dates dependent on the date of the election shall be adjusted accordingly and any acts required to be done by these dates shall be performed timely if done in accordance with the adjusted dates.

Amended by 2016 Tenn. Acts, ch. 827,Secs.s4, s5 eff. 4/21/2016.

Amended by 2014 Tenn. Acts, ch. 724,s 11, eff. 4/16/2014.

Acts 1972, ch. 740, § 1; T.C.A., § 2-310; Acts 1980, ch. 649, § 1; 1981, ch. 478, § 9; 1997, ch. 558, § 2; 2000, ch. 756, § 6.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1987–2022 · leading case: Bemis Pentecostal Church v. State, 731 S.W.2d 897 (Tenn. 1987).

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Bemis Pentecostal Church v. State, 731 S.W.2d 897 (Tenn. 1987). · cites it 2× “T.C.A. § 2-3-204 controls the time and place for elections on questions.”

Comm. to Oppose the Annexation of Topside & Louisville Road v. City of Alcoa, 881 S.W.2d 269 (Tenn. 1994). · cites it 4× “There was- noneompliance with the Tennessee Election Statute (T.C.A. § 2-3-204). The election officials at the polls denied the property owners, as set out in the petition, the right to vote.”

Metro. Gov't of Nashville & Davidson Cnty., Tennessee v. Davidson Cnty. Election Comm'n (Tenn. Ct. App. 2022). · cites it 30× “-9- Tenn. Code Ann. § 2-3-204 (emphases added).”

— Tenn. Code Ann. § 2-3-204(a) — 1 case

Metro. Gov't of Nashville & Davidson Cnty., Tennessee v. Davidson Cnty. Election Comm'n (Tenn. Ct. App. 2022). “-9- Tenn. Code Ann. § 2-3-204 (emphases added).”

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