5-3-104 - Referendum. - Tennessee Statutes

5-3-104. Referendum.

(a)  If the report of the joint committee recommends that the petitioning county be consolidated, the county election commission of the petitioning county shall, after publication of the report, call an election in the county on the question of whether a constitutional majority of the qualified voters in the county are in favor of the plan of consolidation as recommended by the joint committee.

(b)  All registered voters in the county may vote in the election.

(c)  (1)  After completion of its duties under § 2-8-105(3), the county election commission shall determine and certify the result of the election.

     (2)  One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state.

     (3)  Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election.

[Acts 1939, ch. 224, § 4; C. Supp. 1950, § 136.3 (Williams, § 136.4); Acts 1972, ch. 740, § 4(2); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-304.]