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2011 Tennessee Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagtn0155 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 January 4, 2011 Opinion No. 11-1 Validity of Petition for Referendum on County Wheel Tax QUESTION A petition for a referendum election on a county wheel tax pursuant to Tenn. Code Ann. § 5-8-102 has been submitted by certain citizens of Decatur County. Is this petition valid such that the referendum election should be held? OPINION Yes, all of the statutory requirements for a referendum election have been met and such election should be held by the Decatur County Election Commission. ANALYSIS The Decatur County legislative body has passed a resolution authorizing a wheel tax. This resolution passed by a two-thirds vote on second reading on October 11, 2010. On November 9 and 10, 2010, certain citizens of Decatur County filed a petition with the Decatur County Election Commission calling for a referendum election on the wheel tax. The petition states as follows: DECATUR COUNTY COMMISSION We the undersigned registered voters and tax payers of Decatur County Tennessee, respectfully petition the duly elected officials of the County Commission of Decatur County to re- consider and put to popular vote on the upcoming general election docket the premise of the last wheel-tax increase, that above mentioned county officials passed in the previous October meeting. As we are opposed to said wheel-tax increase. The Decatur County Election Commission has certified that this petition contains the signatures of registered voters amounting to ten percent (10%) of the votes cast in the county in the last gubernatorial election. You have asked whether this petition is valid, and if so, is the Decatur County Election Commission required to hold the referendum election.

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