Davidson County Election Commission Provides Tennessee Code Citation It Says Allows It to Move Date of Nashville Taxpayer Protection Act Referendum to December 15

Davidson County Elections Administrator Jeff Roberts on Thursday cited the portion of the Tennessee Code that the Davidson County Election Commission says permits them to move the prospective election date for voters to say yes or no to the Nashville Taxpayer Protection Act from December 5, as prescribed in the petition, to December 15, as the commission voted to do in its September 25 meeting.

Roberts responded to The Tennessee Star Thursday morning.

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Davidson County Election Commission Has Not Yet Identified Section of Tennessee Code That Authorizes Change of Date for Nashville Taxpayer Protection Act Referendum

  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…

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Davidson County Election Commission Cancels Meeting: ‘Since Nothing Is Urgent at This Point in Time We Made The Decision That It Was Not Necessary to Meet’

Members of the Davidson County Election Commission have cancelled a meeting they previously scheduled for Tuesday.

This, one day after The Tennessee Star demonstrated that Metro Legal Director Bob Cooper said something incorrect at a recent Election Commission meeting.

Cooper incorrectly stated that election commissioners had more than just a “purely ministerial” role taking on the Nashville Taxpayer Protection Act.

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Metro Nashville Legal Director Bob Cooper: 1949 TN Supreme Court Case Was About ‘Statewide Referendum Election Where the Constitutionality of the Referendum Was in Question’

In his testimony before the Davidson County Election Commission’s September 25 meeting, Metro Legal Director Bob Cooper cited a 1949 Tennessee Supreme Court decision, Cummings v. Beeler, as a “template” the commission could follow if it chose to accept a third option he outlined as a possible course of action– to “file a lawsuit in Davidson County Chancery Court seeking a declaratory judgment on whether the amendment should be placed on the ballot or should be rejected.”

Cooper stated the Cummings v. Beeler case was about “whether it [The Tennessee Secretary of State’s Office] could hold a statewide referendum election where the constitutionality of the referendum was in question.”

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