Charter Amendments: Issue 2

Issue 2: Tie-Breaker Process in City Council Elections Should Be Made Obsolete

In the case of a tie for the two highest vote totals in a city council election, all candidates tying for either first or second place should be allowed to move on to the regular (general) election. Currently, the charter only allows two candidates to move on to the general, forcing City Council to either make the deciding vote themselves to break a tie or hold a runoff election. However, the time between a primary and the general in a city council election does not allow time for a runoff election. Therefore, the language in the charter should be revised to allow the general to serve as the runoff in the case of a tie in the primary. Click here to read about my experience with the city's tie-breaker process in 2017.

TieBreaker Language

To prevent a tie in city council primary elections, voters would need to approve
two (2) amendments to the charter

  1. Change the charter to allow all candidates for city council (district reps) with the two highest number of votes in the primary to move on to the general election ballot (rather than the two candidates with the highest number of votes). Click here to read the proposed amendment to the Charter, Section 707(B);
  2. Change the charter to allow all candidates for city council (at large reps) with the two highest number of votes in the primary to move on to the general election ballot (rather than the two candidates with the highest number of votes). Click here to read the proposed amendment to the Charter, Section 707(C).

Click here to read the referenced section of the charter.

Key provisions/considerations from state law

  • TCA § 2-8-111 (Tie votes) states that if there is a tie vote between the two (2) or more persons having the highest number of votes for an office, the state election commission shall cast the deciding vote except that ... the municipal legislative body shall cast the deciding vote for municipal offices, or, in the alternative, the legislative body may by resolution call for a run-off election between the tied candidates.
  • City Council Attorney Rob Frost has conferred with the Election Commission and according to the state election office, my proposal is legal for purposes of a tie occurring in a city council primary election.