4-36-401 - Local referendum on pari-mutuel wagering. - Tennessee Statutes

4-36-401. Local referendum on pari-mutuel wagering.

(a)  Upon enactment, a county or municipal legislative body may by resolution or ordinance call a referendum on whether racing with pari-mutuel wagering shall be permitted in that county or municipality. Upon approval by the county or municipal legislative body, the county election commission shall call a referendum at the next regularly scheduled county-wide or municipality-wide general election on the question of whether horse racing with pari-mutuel wagering shall be permitted in that county or municipality. The question to be placed on the ballot shall read as follows:  

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(b)  As an alternative to a county or municipality by resolution or ordinance calling a referendum, a petition signed by the residents of a county or municipality, as the case may be, equal to or exceeding a number amounting to ten percent (10%) of the votes cast for sheriff at the last preceding August general election shall require the county election commission to place the question stated in subsection (a) on the ballot at the next regularly scheduled election. No referendum under this chapter may be placed on the same ballot or conducted on the same day of a primary election. Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows:  

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Such petition may be in two (2) or more parts.

(c)  (1)  If a county or municipality, except as provided in subdivision (c)(2), conducts a referendum under the provisions of this section and the number of qualified votes cast negative to the racing proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further racing proposition shall be placed on the ballot in that locality for a period of ten (10) years from the date of the previous election.

     (2)  If a county or municipality as specified in this subdivision (c)(2) conducts a referendum under the provisions of this section and the number of qualified votes cast negative to the racing proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further racing proposition shall be placed on the ballot in that locality for a period of four (4) years from the date of the previous election. The provisions of this subdivision (c)(2) shall apply only in counties having populations according to the 1980 federal census or any subsequent federal census of:  

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(d)  No provision in this chapter shall be construed as requiring the approval of any track. A determination of the commission as to whether or not to approve a proposed track shall be in the sole discretion of the commission and shall be subject to judicial review only in the event of official misconduct.

(e)  After May 21, 1996, a county or municipal legislative body may by resolution or ordinance call a referendum on whether pari-mutuel wagering on horse racing shall be permitted at a satellite simulcast teletheater located in that county or municipality. Upon approval by the county or municipal legislative body, the county election commission shall call a referendum at the next regularly scheduled county-wide or municipality-wide general election on the question of whether pari-mutuel wagering on horse racing at a satellite simulcast teletheater shall be permitted in that county or municipality. The question to be placed on the ballot shall read as follows:

Shall (here insert name of county or municipality) permit pari-mutuel wagering on horse racing at satellite teletheaters?

    FOR  _________      AGAINST  _________

(f)  As an alternative to a county or municipality by resolution or ordinance calling a referendum, a petition signed by the residents of a county or municipality, as the case may be, equal to or exceeding a number amounting to ten percent (10%) of the votes cast for sheriff at the last preceding August general election shall require the county election commission to place the question stated in subsection (e) on the ballot at the next regularly scheduled election. Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows:

“We, registered voters of (here insert name of county or municipality, as the case may be), hereby request the holding of a referendum on the question of whether pari-mutuel wagering on horse racing shall be permitted at satellite teletheaters.”

Such petition may be in two (2) or more parts.

[Acts 1987, ch. 311, § 32; 1988, ch. 835, §§ 1, 2; 1988, ch. 950, §§ 3, 4; 1996, ch. 1080, § 7.]