IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

February 21, 2013 Session

WILLIAMSON COUNTY ELECTION COMMISSION, ET AL. v. PAUL

WEBB, MAYOR OF BRENTWOOD, ET AL.

Appeal from the Chancery Court for Williamson County

No. 40537 Timothy L. Easter, Chancellor

No. M2012-01418-COA-R3-CV - Filed March 22, 2013

County election commission was denied use of city library for a polling place and initiated

an action to have its rights under several election statutes declared. The trial court held that

the statutes vested the election commission with the authority to designate polling places and

that such authority must be exercised reasonably; the trial court also held that the city did not

abuse its discretion in determining that the library was not a practicable location for use as

a polling place on the dates requested and in failing to make the building available. We

reverse, holding that the election commission has the sole responsibility to designate polling

places and that the city, through the library board, was required to make the library available

for use as a polling place.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Reversed;

Case Remanded

RICHARD H. DINKINS,J., delivered the opinion of the court, in which PATRICIA J. COTTRELL,

P. J., M. S., and FRANK G. CLEMENT, JR., J., joined.

Jeffrey D. Moseley and J. Andrew Hughes, Franklin, Tennessee, for the Appellant,

Williamson County Election Commission.

Joseph A. Woodruff and Keith W. Randall, Nashville, Tennessee, for the Appellees, Paul

Webb, Mayor of Brentwood; Michael Walker, Brentwood City Manager; Board of

Commissioners of the City of Brentwood, Tennessee; Brentwood Library Board; and City

of Brentwood, Tennessee.

Paul C. Ney, Jr., Nashville, Tennessee, for the Amicus Curiae, Davidson County Election

Commission.
George E. Barrett and Seth M. Hyatt, Nashville, Tennessee, for the Amicus Curiae,

Tennessee Municipal League.

OPINION

This case involves a dispute between the William County Election Commission (“the

Commission”) and the City of Brentwood (“the City”) and City authorities concerning the

use of the Brentwood Public Library for the 2012 early voting period. The facts salient to

this appeal are stipulated and are as follows:

6. On March, 5 2010, [Williamson County Administrator of Elections Ann

Beard] sent to Judy Payton, administrative assistant at the Brentwood Library,

an email requesting room reservations at the library for early voting dates and

election day voting in 2012, 2013, and 2014. . . . The email specifically

requested the following dates for early voting in 2012:

January 18 thru [sic] February 2 and February 7.

July 13 thru [sic] July 28 and August 2.

October 17 thru [sic] November 1 and November 6.

7. On March 24, 2010, Ms. Payton responded in an email confirming the

reservation scheduled for the Williamson County Election Commission in May

2010, November 2010, and April 13 through May 4, 2011. Ms. Payton

informed Ms. Beard that the reservation software used by the Library to

schedule reservations only allows library staff to make reservations “a limited

number of months in advance of the current date.” Ms. Payton alternately

requested “that [the Election Commission] make yearly reservations one year

in advance” and requested Ms. Beard schedule the dates for the 2012 election

and early voting dates in “December 2010/January 2011.”

8. On November 17, 2010, Ms. Beard sent Susan Earl, Library Director for the

Brentwood Library, a request to reserve Conference Room B for early voting

dates and elections days during the 2012 election cycle. In her letter, Ms.

Beard stated the dates for the 2012 election and early voting as:

January 18, 2012 through February 2, 2012, for early voting,

Tuesday February 7, 2012 for election day; July 13, 2012

through July 28, 2012, for early voting; Thursday, August 2,

2012, election day; October 17, 2012 through November 1,

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2012, for early voting, Tuesday, November, 6, 2012, election

day.

9. On November 24, 2010, Ms. Earl sent Ms. Beard a letter confirming the

results of the conversation between Ms. Beard and Ms. Earl resulting in the

scheduling of Conference Room A for election day and pre- and post-election

storage of voting machines for the dates February 6-8, 2012, August 1-3, 2012,

and November 5-7, 2012.

10. On November 8, 2011, Ms. Beard sent “official notice” that the Election

Commission would be conducting early voting for the Presidential Preference

Primary at the Library between February 22, 2012 and February 28, 2012. The

requested early voting dates in this letter are different from all previous

correspondence between Ms. Beard and any library staff and no arrangements

had been made between the Election Commission and the City of Brentwood

for the use of the Library as a site for early voting during the February 22-28

timeframe.

11. The dates in Ms. Beard’s letter sent on November 8, 2011 differed from

previous correspondence because the State of Tennessee, by the enactment of

Acts 2011, Public Chapter 182, amended Tenn. Code Ann. § 2-13-205 to move

the Presidential Preference Primary from the first Tuesday in February to the

first Tuesday in March, effective July 2011.

12. On November 18, 2011, Michael Walker responded to Ms. Beard’s letter

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informing her the Library was not available based on “lack of available space

due to previous commitments to community groups in Brentwood and the

adverse impact that early voting will have with ongoing programs and use by

[Library] patrons and the parking requirements.” Mr. Walker also suggested

alternative locations to hold early voting, including a County-owned facility

in close proximity to the Library.

13. On December 8, 2011, Election Commission Chairman Robert D. (“Bob”)

Brown emailed Brentwood CommissionerJill Burgin, Brentwood Vice Mayor

Rob Freeman, Michael Walker, and other individuals. In the e-mail Mr.

Brown “offered to conduct the Presidential Primary Election in the large foyer

of the Library so that the Election would not have to displace other groups.”

Michael Walker is the Brentwood City Manager.

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Mr. Brown also “compromised by offering to have only one week of Early

Voting in Brentwood instead of two for the upcoming election.”

16. The City of Brentwood has allowed for the use of the Library as a polling

place for election day in March, August, and November 2012.

17. The Election Commission and the City of Brentwood have been unable to

reach an agreement that would allow the use of the Library for early voting in

the March, August, and November 2012 elections.

18. For the early voting period for the March 2012 election, early voting in

Williamson County took place for two weeks at the Election Commission

office at the Williamson County Administrative Complex from February 15 to

28. Early voting took place for one week, from February 22 to 28, at Fairview

Recreation Center, Longview Recreation Center, Berry’s Chapel Church of

Christ, and Nolensville Town Hall.

25. Brentwood Library is publicly operated and controlled by Brentwood,

Tennessee, and supported by taxes collected by Williamson County and the

City of Brentwood, pursuant to Chapter 38 of the Brentwood Municipal Code

and Tenn. Code Ann. § 10-3-101through 102.

26. The City of Brentwood, acting through its Board of Commissioners (“City

Commission”) and City Manager Michael Walker, isthe authority that controls

Brentwood Library for the purposes of Tenn. Code Ann. § 2-3-107(b)(2). Mr.

Walker’s actions at all relevant times for the purposes of this actions,

constitute officials acts of the City of Brentwood.

On February 1, 2012, the Commission filed an Amended and Restated Petition

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naming the City of Brentwood, Mayor, City Manager, Board of Commissioners, and Library

Board as Defendants, seeking a declaratory judgment and a declaration of its rights under

Tenn. Code Ann. §§ 2-3-101-107 and §§ 2-6-101-112 as to the following questions:

a. Whether the Election Commission has sole authority to designate polling

places for election-day voting and early voting;

b. Whether [Appellees], as “authorit[ies] which ha[ve] the control of any

building or grounds supported by taxation under the laws of this state,” may

The amended petition replaced a petition for writ of mandamus which had been filed in January. 2

Matters related to the mandamus are not at issue in this appeal. 

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deny Williamson County Election Commission’s application to make space

available for early voting at Brentwood Library during the 2012 election cycle.

c. Under what circumstances, if any, [Appellees] may deny the Election

Commission’s application to make space available for election-day voting and

early voting.

The Commission also requested attorneys’ fees pursuant to Tenn. Code Ann. § 2-12-

101(c)(4) and costs pursuant to Tenn. Code Ann. § 29-14-111. On February 6 an agreed

order was entered dismissing the Mayor, the City Manager, and the Board of Commissioners.

On February 10, the City and the Library Board (“Appellees”) filed an Answer and

Counterclaim in which it sought:

[A] declaration of rights regarding the extent of discretion vested in the

Election Commission to designate polling places and early voting locations

controlled by the City of Brentwood, and vested in the City of Brentwood to

make judgments with respect to whether buildings controlled by the City are

practicable locations for use as polling places when designated as such by the

Election Commission.

In due course the Commission and the City filed motions for summary judgment.

The court granted the City’s motion. The court held that Tenn. Code Ann. § 2-3-

101(a) vests the Commission with the exclusive authority to designate polling places and that

“the ‘as practicable’ requirement of Tenn. Code Ann. § 2-3-107(b)(1) obligates the

Commission to reasonably negotiate with local governments (or the controlling authority)

whose facilities the Election Commission seeks to use.” The Court further held that the City

did not abuse its discretion in determining that the Library was not a practicable location for

early voting. The Commission appeals, raising the following issues:

1. Whether the Chancery Court erred in interpreting the Tennessee Elections

Code to limit county election commissions’ exclusive authority to designate

voting locations by finding that local authorities have discretion to refuse such

designation.

2. Whether the Chancery Court failed to appropriately apply the abuse of

discretion standard to the facts of this case, when the undisputed evidence

shows that the Williamson County Election Commission acted reasonably in

designating Brentwood Library as an early voting location.

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3. Whether the Chancery Court erred in concluding that there is no basis for

an award of costs and attorneys’ fees to the Election Commission under Tenn.

Code Ann. § 29-14-111 and Tenn. Code Ann. § 2-12-101(c)(4).

DISCUSSION

Summary judgment is appropriate if no genuine issues of material fact exist, and the

movant meets its burden of proving that it is entitled to a judgment as a matter of law. See

Tenn. R. Civ. P. 56.03; Martin v. Norfolk Southern Ry. Co., 271 S.W.3d 76, 84 (Tenn. 2008).

The parties herein each soughtsummary judgment and do not contend on appeal that genuine

issues of material fact exist. Consequently, the issue before us is a matter of law which we

review de novo, affording no presumption of correctness to the trial court’s conclusions of

law. Rice v. NN, Inc. Ball & Roller Div., 210 S.W.3d 536, 542 (Tenn. Ct. App. 2006) (citing

Gonzales v. Alman Constr. Co., 857 S.W.2d 43, 44-45 (Tenn. Ct. App. 1993)).

Election laws are codified at Tenn. Code Ann. § 2-1-101–2-19-208;statutes pertaining

to county election commissions are contained at Tenn. Code Ann. § 2-12-101–2-12-210. In

addition to specific responsibilities at Tenn. Code Ann. § 2-12-116(a), other statutes vest

certain responsibilities in the county election commissions.

Tenn. Code Ann. § 2-3-101(a)(1) provides that the county election commission is

responsible for designating polling places; the procedure for designating polling places is set

out at Tenn. Code Ann. § 2-3-107:

(a) The county election commission shall designate as polling places only

rooms which have adequate heat, light, space and other facilities, including a

sufficient number of electrical outlets where voting machines are used, for the

comfortable and orderly conduct of elections.

(b) (1) The commission shall, insofar as practicable, arrange for the use of

public schools and other public buildings for polling places.

(2) Upon application of the commission, the authority which has the

control of any building or grounds supported by taxation under the laws of this

state shall make available the necessary space for the purpose of holding

elections and adequate space for the storage of voting machines without

charge. A reasonable sum may be paid for necessary extra janitor service. If

a state park is to be used as a voting location, the park must establish the site

for the polling place at least one (1) year prior to the date of the election, and

the location of the polling site within the park may not change without the

consent of the county election committee.

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The Commission argues that the plain language of Tenn. Code Ann. § 2-3-101 and

§ 2-3-107 means that “local authorities must make space available upon an Election

Commission’s request, without condition.” The City contends that the “insofar as

practicable” wording of § 2-3-107(b)(1) gives the public building authorities the ability to

reject the Commission’s application for use of the public building as a polling place and that

the “shall make available the necessary space for purpose of holding elections and adequate

space for the storage of voting machines without charge[,]” wording of § 2-3-107(b)(2) is

simply a directive to the public building authorities that they may not charge the commission

for whatever space the City makes available to the Commission for holding elections. Taken

together, the City argues, the statutes set forth a “collaborative framework for the use of

public buildings as polling locations” which supports the determination that both the election

commission and local authorities are vested with discretion in determining the practicability

of a public building as a polling location.

In determining the meaning of the statute, we give effect to the language, and the

legislature’s intent; we do so without restricting or expanding the statute’s meaning. U.S.

Bank, N.A. v. Tenn. Farmers Mut. Ins. Co., 277 S.W.3d 381 (Tenn. 2009) (citing Parks v.

Tenn. Mun. League Risk Mgmt. Pool, 974 S.W.2d 677, 679 (Tenn. 1998)). “‘When the

statutory language is clear and unambiguous, we must apply its plain meaning in its normal

and accepted use, without a forced interpretation that would limit or expand the statute's

application.’” Overstreet v. TRW Commcercial Steering Div., 256 S.W.3d 626, 630-31 (Tenn.

2008) (quoting Eastman Chem. Co. v. Johnson, 151 S.W.3d 503, 507 (Tenn. 2004)). “In that

instance, our obligation is to enforce the written language without reference to the broader

statutory intent, the history of the legislation, or other sources.” Overstreet, 256 S.W.3d at

630-31 (citing Abels ex rel. Hunt v. Genie Indus. Inc., 202 S.W.3d 99, 102 (Tenn. 2006)).

The plain language of Tenn. Code Ann. § 2-3-107(a) gives the sole responsibility for

designating polling placesto the county election commissions. Tenn. Code Ann. § 2-3-107(b)

requires the commission to designate polling places in public schools or other public

buildings, leaving the determination as to whether a particular building is practicable to the

commission’s judgment; when the use of a public building is not practicable, the commission

may designate a private building, in accordance with Tenn. Code Ann. § 2-3-107(c). The

wording of Tenn. Code Ann. § 2-3-107(b)(2) that “the authority which has control of the

building . . . shall make available the necessary space for the purpose of holding elections .

. . without charge” is a clear and unambiguous statement of the role of the building authority

under the election laws and a mandate to the authority to make public buildings which have

been deemed suitable by the commission for holding elections available.

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Our reading of the statute, as well as the other statutes which set forth the varied and various 3

(continued...)

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Accordingly, the court erred in granting the City’s motion for summary judgment and

in denying the Commission’s.

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The Commission lastly contends that the trial court erred when it denied the

Commission’s claim for attorneys’ fees and assessed costs pursuant to Tenn. R. Civ. P.

54.04(1) against the Commission.

Tenn. Code Ann. § 2-12-101(c)(4) provides that “[i]f, in order to properly discharge

its duties, the county election commission has to bring legal action against a county or

municipality, the compensation for the commission’s legal representation shall be borne by

the county or municipality as the case may be.” In this declaratory judgment action, we have

held that the Commission has the sole responsibility to designate polling locations and it is

the duty of public building authorities to make public buildings available for voting. The

Commission’s request to use the Brentwood Library building was denied and we deem it

appropriate for the Commission to seek clarification of its responsibilities, as well as those

of the City, for purposes of each performing its responsibilities in the future; an award of

attorneys’ fees pursuant to § 2-12-101(c)(4) is, accordingly, appropriate. We reverse the trial

court’s denial of fees and remand the case for a hearing on the issue of attorneys’ fees.

The court taxed costs to the Commission, pursuant to Tenn. R. Civ. P. 54.04(1).

Inasmuch as we have reversed the decision of the trial court, we reverse the award of costs

and remand for further consideration in accordance with this opinion.

(...continued)

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responsibilities of county election commissions, leads us to reject the City’s contention that the “shall make

available the necessary space for purpose of holding elections and adequate space for the storage of voting

machines without charge[,]” wording of Tenn. Code Ann. § 2-3-107(b)(2) “only functions to disallow public

authorities from charging county election commissions for the use of their buildings as polling places.” The

language that the building isto be made available “without charge” is an additional instruction to the building

authority. 

Our disposition of this issue pretermits our consideration of the second issue raised by the 4

Commission.

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CONCLUSION

For the foregoing reasons, the judgment of the trial court is reversed and the case

remanded for further proceedings in accordance with this opinion.

___________________________________

RICHARD H. DINKINS, JUDGE

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