2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 14 - SOIL CONSERVATION (§§ 43-14-101 — 43-14-308) › Part 2 - SOIL AND WATER CONSERVATION DISTRICTS LAW (§§ 43-14-201 — 43-14-219) › Section 43-14-214 - Nominating petitions for supervisors - Election - Procedures for subsequent elections - Appointment of supervisors - Procedures for subsequent appointments - Term - Vacancy

(a)
Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a district, nominating petitions may be filed with the commission to nominate candidates for supervisors of the district. The commission is authorized to extend the time within which nominating petitions may be filed. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition. All candidates for supervisor shall maintain their primary residence in the district of their candidacy. The commission shall give notice of an election to be held for three (3) supervisors for the district. Only landowners within the district are eligible to vote in the election. The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected supervisors for the district. The commission shall pay the expenses of the election, supervise the conduct of the election, promulgate rules governing the conduct of the election and the determination of voter eligibility in the election, and publish the results of the election.
(b)
For elections subsequent to the first election of supervisors, the following procedures apply:
(1)
Candidates for election to the position of supervisor shall maintain their primary residence in the district of their candidacy and shall present a completed nominating petition to the district in accordance with subdivision (b)(3);
(2)
Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee to nominate candidates for election as supervisors. The local nominating committee shall determine the number of candidates nominated. A local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions;
(3)
For districts holding an election of supervisors, nominating petitions must be completed for each candidate on the ballot, regardless of whether the candidate was nominated by the local nominating committee. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition;
(4)
The district shall give notice of an election to be held for three (3) supervisors, which must include the names of the candidates in alphabetical order, the dates and times of the election, voting locations, and the deadline for submitting nominating petitions;
(5)
Only landowners within the district are eligible to vote in the election. Voting by proxy or by absentee ballot is not permitted; and
(6)
The ballots must be counted and certified by selected district polling officials, and the results must be transmitted to the commission. The three (3) candidates who receive the largest number of the votes cast in the election shall be the elected supervisors for the district.
(c)
The first two (2) supervisors appointed following formation of a new district shall be appointed by the commission under §
43-14-210(a)
.
(d)
For appointments subsequent to the first appointment of supervisors, the following procedures apply:
(1)
The supervisors appointed by the commission must be persons who are, by training and experience, qualified to perform their duties under this part. Candidates for appointment as supervisor must maintain their primary residence in the district of appointment;
(2)
Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee for the purpose of nominating candidates for appointment as supervisors. The local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions;
(3)
The district staff shall transfer the nominations of the local nominating committee, along with a summary of each nominee's training and experience, to the commission as soon as practicable following the local nominating committee's meeting; and
(4)
The commission shall consider all local nominating committee nominees and shall appoint supervisors by vote of the commission.
(e)
All supervisors shall serve a term of three (3) years beginning on April 1, except that one (1) of the first two (2) supervisors appointed following formation of a new district under §
43-14-210(a)
shall serve a term of four (4) years, so that the terms of the two (2) appointed supervisors do not expire simultaneously.
(f)
If there is a vacancy in the office of supervisor, the remaining supervisors, with the advice and consent of the commission, shall fill the vacancy by appointment for the remainder of the unexpired term. If the majority of a district's offices of supervisor are vacant, the commission shall fill the vacancies by appointment. All persons appointed to fill a supervisor vacancy must maintain their primary residence in the district of appointment and are eligible for subsequent election or, if qualified by training and experience, appointment as supervisor.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1514.