2025 8 11 Work Session Packet website

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The above language is the only statute in our state that permits a voter to vote in a location where they do not 
reside, if permitted by municipal charter. There is no right under the voter registration law to register to vote in a 
city where the person does not live or own real property. Business owners who do not reside in city limits cannot 
gain the right to vote through a simple charter change due to this limitation imposed by state law. 
 
This is the law authorizing cities to require absentee voting by nonresident voters: 
 
In the case of individuals who, pursuant to § 2-2-107(a) are registered to vote in a municipality as 
nonresident property owners, the municipal legislative body may, by ordinance, direct such voters to cast 
the municipal ballots as absentee by mail ballots. Any municipal ordinance adopted pursuant to this 
section must be adopted and filed with the county election commission office no later than sixty (60) days 
before the election. Upon the filing of the municipal ordinance, a nonresident property owner may not 
thereafter vote in the election except by absentee ballot. No later than forty-five (45) days before the 
election, the election commission shall mail a notice to each voter registered as a nonresident property 
owner of the municipality advising the voter of the voting process and include an application for ballot for 
the municipal election. The election commission shall maintain a record of the municipal ordinance and 
shall not require a municipality to adopt subsequent ordinances, unless the municipality has repealed 
such ordinance since the last election. 
Tenn. Code Ann. § 2-6-205  
 
There is no statutory framework creating a legal pathway to permit business owners to vote in municipal elections. 
Only those business owners who reside in McMinn County and own real property in Athens may cast such votes.  
*End opinion* 
 
Please reach out with any additional questions. 
 
Honna 
Honna Rogers, M.P.A., CMFO, CPM 
Municipal Management Consultant 
UT Municipal Technical Advisory Service 
 
1610 University Avenue 
Knoxville, Tennessee 37921 
honna.rogers@tennessee.edu 
(423) 756-3925 
mtas.tennessee.edu 
 
 
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