The Maryville Daily Times reports [1] that a lawyer for the Tennessee Division of Elections has advised Blount Co. Election Commission that a "special election" to fill the General Sessions Court judge vacancy is not allowed according to a 1984 Attorney General ruling and that County Commission must appoint a replacement.

According to the article, the Tennessee Division of Elections lawyer was not aware of the same scenario in Knox Co., in which Knox County is planning a November election to replace a General Sessions Court judge who was elected to Circuit Court. The lawyer said "maybe" it has something to do with Knox County's home rule charter.

Knox County's home rule charter [2] Article IV, Sec. 4.02 says "If a vacancy occurs in any judicial office of the General Sessions or Juvenile Court, or in any other County judicial office established by law or by this Charter in Knox County, then that vacancy shall be filled by a vote of the Commission as prescribed in this Charter, and the person so selected shall serve until his/her successor is elected and sworn."

It would actually seem more clear that Knox County cannot hold an election. (Unless the charter means for the appointment to be temporary until the next election. The charter does not appear to be as specific as state law on that.) On the other hand, state law applies in Blount County case, and state law seems to directly contradict the Tennessee Constitution. Guess somebody needs to fix that.

It should also be noted that the November election is not a "special" election. It is a regularly scheduled general election. So it's not clear if the 1984 AG opinion applies. In fact, state law specifically states that vacancies occurring in a 120 day window before the November election are to be filled by party convention nominations and a November election.

But we assume nobody will press the issue with Blount County to seek further clarification, and they will do whatever they want to do as usual.