Tennessee Code Annotated
Tenn. Code Ann. § 5-5-109 (2026)
Voting
✓ current as of May 2026
- (a) A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to:
- (1) Elect county officials required by law to be elected by the body;
- (2) Fix salaries;
- (3) Appropriate money; and
- (4) Transact all other business coming before the county legislative body in regular or special sessions.
- (b)
- (1) If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote.
- (2) If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.
Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.
Notes of Decisions
Cited in 2
cases, 1980–1988 · leading case: State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988).
State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988). “, T.C.A. §§ 5-5-109, 5-5-122, 5-5-128, 5-5-124, 5-7-106, 5-8-101, 5-9-101 (Supp.”
Ray v. Trapp, 609 S.W.2d 508 (Tenn. 1980). “T.C.A. § 5-5-109. The case of Ezell v. The Justices of Giles County, 40 Tenn.”
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