2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-102 - Qualifications of voters

(a)
All persons living within such corporation and who have been residents thereof for three (3) months previous to the election, except at first election, and who are entitled to vote for members of the general assembly, shall be entitled to vote in municipal elections; provided, that if and when inclusion of additional territory within such corporation becomes effective within three (3) months next preceding the election, the length of residence during such preceding three (3) months within the added territory shall be included and recognized in applying the municipal residence requirement, prescribed by this section, as a qualification of voters in such election.
(b)
(1)
In counties having a population of not less than twenty-six thousand five hundred (26,500) nor more than twenty-seven thousand one hundred fifty (27,150), according to the 1970 federal census or any subsequent federal census, the board of mayor and aldermen of any municipality under this chapter may by ordinance provide that any person who is a qualified voter and who owns real property situated within the corporate limits of such municipality may vote in any municipal election or referendum even though such person does not reside within the municipality.
(2)
Subdivision (b)(1) shall not be effective until approved by a two-thirds (2/3) vote of the legislative body of any municipality to which it may apply.
(c)
(1)
All persons residing outside the corporation limits, having owned a taxable freehold within the corporation for a period of six (6) months next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote at the election, in any corporations having a population of not less than twelve thousand two hundred fifty (12,250) nor more than twelve thousand three hundred (12,300), according to the 1970 federal census or any subsequent federal census.
(2)
Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(d)
(1)
All persons residing outside the corporation limits, having owned a taxable freehold within the corporation for a period of six (6) months next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote at the election, in any corporation having a population of not less than four hundred forty (440) persons nor more than four hundred sixty (460) persons, according to the 1980 federal census or any subsequent federal census.
(2)
Subdivision (d)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(e)
(1)
In any city with a population of less than one thousand five hundred (1,500) located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census, all persons residing outside the corporation limits of such city who shall have owned not less than a one-half (1/2) interest in a taxable freehold, or husband and wife who shall have owned a taxable freehold as tenants by the entireties within the corporation for a period of six (6) months next preceding the date of such election, and being otherwise qualified, shall also be entitled to vote at such election; provided, that for the purposes of this subdivision (e)(1), all persons residing outside the corporation limits of such city and owning a time-share estate as it is defined in §
66-32-102
, within the corporation, shall not be considered the owner of a taxable freehold and shall not be entitled to vote in such election.
(2)
Subdivision (e)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(f)
(1)
Subject to approval in a referendum held in accordance with subdivision (f)(2), in any city having a population of not less than three hundred forty (340) nor more than three hundred fifty (350) located in any county having a population of not less than twenty thousand (20,000) nor more than twenty thousand three hundred (20,300), according to the 1990 federal census or any subsequent federal census, any person residing outside the corporate limits of the city who owned at least a one-half (1/2) interest in a taxable freehold within such limits for the thirty-day period immediately preceding the date of such election, or any husband and wife residing outside the corporate limits of such city who owned, as tenants by the entirety, a taxable freehold within such limits for the thirty-day period immediately preceding the date of such election, shall also be entitled to vote at such election, being otherwise qualified. As used in this subdivision (f)(1), "taxable freehold" means an estate for life or a fee simple absolute in real property having an appraised value of not less than two thousand dollars ($2,000) for purposes of title 67, chapter 5.
(2)
Subdivision (f)(1) shall only apply in such city if a majority of the number of qualified voters of the city voting in the first city election held following April 18, 2001, approve the question of whether or not the subsection shall apply to such city. The ballots used in such election shall have printed on them the substance of this subsection (f) and the voters shall vote for or against the subsection applying in such city. The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by it to the secretary of state as provided by law in the case of general elections. The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of this subsection (f).
(g)
(1)
All persons residing outside the corporate limits of any municipality having a population of not less than one thousand three hundred three (1,303) nor more than one thousand three hundred ten (1,310), located in any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), both according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of §
2-2-107(a)(3)
within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
(2)
Subdivision (g)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(h)
(1)
All persons residing outside the corporation limits of any municipality having a population of not less than six thousand five hundred (6,500) nor more than six thousand five hundred fifty (6,550), according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of §
2-2-107(a)(3)
within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
(2)
Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(i)
(1)
All persons residing outside the corporation limits of any municipality having a population of not less than one thousand two hundred twenty-five (1,225) nor more than one thousand two hundred thirty-five (1,235), according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of §
2-2-107(a)(3)
within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
(2)
Subdivision (i)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(j)
(1)
All persons residing outside the corporation limits of any municipality having a population of not less than two thousand fifty (2,050) nor more than two thousand sixty (2,060), according to the 2010 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of §
2-2-107(a)(3)
within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
(2)
Subdivision (j)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
(k)
(1)
Persons owning at least a fifty percent (50%) fee simple interest in a parcel of real property of at least five thousand square feet (5,000 sq. ft.) or appraised for tax purposes at not less than three thousand dollars ($3,000) for the six (6) month period immediately preceding an election, who are otherwise qualified to vote in state elections in this state, shall be eligible to vote in municipal elections; provided, that the person is properly registered to vote.
(2)
Subdivision (k)(1) shall only apply in any municipality with a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539) that is located in any county having a population of not less than fourteen thousand one hundred (14,100) nor more than fourteen thousand two hundred (14,200), according to the 2010 federal census or any subsequent federal census.
(3)
Subdivision (k)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
Amended by 2014 Tenn. Acts, ch. 920, s 1, eff. 5/13/2014.
Code 1858, §§ 1352, 1369 (deriv. Acts 1849-1850, ch. 17, § 4); Acts 1875, ch. 92, § 10; integrated in Shan., § 1952; mod. Code 1932, § 3371; Acts 1947, ch. 116, § 1; mod. C. Supp. 1950, § 3371; Acts 1967, ch. 9, § 2; 1975, ch. 187, §§ 1, 2; T.C.A. (orig. ed.), § 6-502; Acts 1980, ch. 610, §§ 1, 2; 1981, ch. 395, § 1; 1982, ch. 924, § 1; 1984, ch. 672, § 1; 1996, ch. 679, § 1; 2001, ch. 111, § 1; 2003 , ch. 52, § 1; 2004, ch. 435, § 1; 2011 , ch. 80, § 1; 2012 , ch. 668, § 1.