Tennessee Code Annotated

Tenn. Code Ann. § 5-5-102 (2026)

Membership

✓ current as of May 2026

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(a)
- (1) The county legislative body shall be composed of not less than nine (9) nor more than twenty-five (25) members.
- (2) There shall be at least nine (9) districts in the county legislative body in any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101.

(b)
- (1) Members shall reside within and be qualified voters of the districts that they represent.
- (2) To qualify for the office of county legislative body, a candidate must also be a resident of the county for one (1) year prior to the date of the qualifying deadline.

(c)
- (1) Notwithstanding any provision of the law to the contrary, any county employee, otherwise qualified to serve as a member of the county legislative body, shall not be disqualified from such legislative office by reason of being a county employee.
- (2) No person elected or appointed to fill the office of county mayor, sheriff, trustee, register, county clerk, assessor of property, or any other county-wide office filled by vote of the people or the county legislative body, shall also be nominated for or elected to membership in the county legislative body. After June 18, 2005, a director of schools shall not be qualified to serve as a member of the county legislative body.
- (3)
  - (A) Upon approval under subdivision (c)(3)(C), a member of a county governing body shall not simultaneously serve as a member of the governing body of a municipality within the county for whom the member is a commissioner during the member's term of office.
  - (B) Notwithstanding subdivision (c)(3)(A), a member of a county governing body simultaneously serving on the governing body of a municipality on April 22, 2024, may serve out the remainder of the member's terms of office.
  - (C) This subdivision (c)(3) applies to each county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this subdivision (c)(3) by a two-thirds (2/3) vote of the entire county governing body.
  - (D) As used in this subdivision (c)(3), "municipality" means an incorporated city or town.

(d) No more than three (3) members shall be elected from any one (1) district.

(e)
- (1) Members shall serve terms of four (4) years or until their successors are elected and qualified.
- (2) Members of the county legislative body shall be elected in the regular August election in 1978 and every four (4) years thereafter.

(f) The members of the county legislative body shall be known individually as county commissioners and collectively as the board of county commissioners.

(g) The term of office for members of the county legislative body shall begin on September 1 next succeeding their election.

(h)
- (1) The county legislative body shall have discretionary authority to determine whether each office in multi-member districts will be separately designated on the ballot, with candidates required to run and to be elected on the basis of such separately designated offices within the district.
- (2) No candidate shall qualify for more than one (1) such separately designated office within a multi-member district.
- (3) In any county designated as a Class 2 county before January 1, 1999, as established by § 8-24-101, each office in multi-member districts shall be separately designated on the ballot, and candidates shall run and be elected on the basis of such separately designated offices within the district.

(i) If a vacancy shall occur in the office of a member of the county legislative body, the vacancy shall be filled as provided for in § 5-1-104(b).

Amended by 2024 Tenn. Acts, ch. 763,s 1, eff. 4/22/2024.

Amended by 2022 Tenn. Acts, ch. 809, s 1, eff. 9/1/2022.

Amended by 2016 Tenn. Acts, ch. 1072, s 1, eff. 5/20/2016.

Acts 1978, ch. 934, §§ 8, 10; 1979, ch. 175, § 1; T.C.A., § 5-502; Acts 1980, ch. 658, § 1; 1980, ch. 785, § 1; 1981, ch. 143, § 1; 1981, ch. 219, § 1; 1981, ch. 293, § 1; 1981, ch. 318, § 2; 1986, ch. 765, §§ 1-3; 2001, ch. 86, §§ 1, 2; 2003 , ch. 90, § 2; 2005, ch. 471, § 1; 2008 , ch. 871, § 2.

Notes of Decisions

Cited in 2 cases, 1986–1988 · leading case: State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988).

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State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988). · cites it 2× “§ 5-5-101 provides that the county legislative body is the basic legislative entity of the county and is known as the board of county commissioners under T.C.A. § 5-5-102(f) (Supp.1987). Extensive fiscal authority is vested in the board of county commissioners pursuant to…”

Jackson v. Hensley, 715 S.W.2d 605 (Tenn. Ct. App. 1986). · cites it 4× “In declining to proceed with a quo war-ranto action, the district attorney correctly concluded T.C.A., § 5-5-102 effectively overruled Thompson .”

— Tenn. Code Ann. § 5-5-102(3) — 1 case

Jackson v. Hensley, 715 S.W.2d 605 (Tenn. Ct. App. 1986). “In declining to proceed with a quo war-ranto action, the district attorney correctly concluded T.C.A., § 5-5-102 effectively overruled Thompson .”

— Tenn. Code Ann. § 5-5-102(f) — 1 case

State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988). “§ 5-5-101 provides that the county legislative body is the basic legislative entity of the county and is known as the board of county commissioners under T.C.A. § 5-5-102(f) (Supp.1987). Extensive fiscal authority is vested in the board of county commissioners pursuant to…”

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