The Davidson County Election Commission has not yet specified the section of the Tennessee Code Annotated (the most recent compilation of all of the current statutes of the state) by which it has the authority to change the “conditional date” of the Nashville Taxpayer Protection Act election referendum from December 5–the date specified for the election in the petition signed by 27,000 residents of Davidson County, verified by the commission, and certified by the Metro Clerk’s Office–to December 15. The Nashville Taxpayer Protection Act referendum, if approved, would roll back Nashville Mayor John Cooper’s 34 to 37 percent tax increase. At the September 25 meeting at which the commission voted to seek a declaratory judgment from the Davidson County Chancery Court that the Nashville Taxpayer Protection Act was not legally sufficient and unconstitutional, chose not to set a referendum election date of December 5, 2020, as is their ministerial duty under both Tennessee law, the Metro Charter, and Tennessee Supreme Court precedent, but instead chose to set a “conditional” election date of December 15, 2020, Davidson County Election Commission Chairman Emily Reynolds made reference to an earlier comment by Davidson County Election Administrator Jeff Roberts as to the date…
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