Could a Tennessee city like Nashville or Knoxville let 16- or 17-year-olds vote in municipal elections, and does adopting home rule change that?

Plain-English summary

Sen. Sara Kyle asked AG Slatery whether a Tennessee city could let teenagers vote in municipal elections, given that some other U.S. cities allow 16-year-olds to vote on local matters. The opinion separates the constitutional question from the statutory one.

The Tennessee Constitution's suffrage clause (art. IV, § 1) sets the age of 18 as the voting age for federal, state, and local elections. The Tennessee Supreme Court, going back to Ledgerwood v. Pitts, 125 S.W. 1036 (Tenn. 1910) and Vertrees v. State Bd. of Elections, 214 S.W. 737 (Tenn. 1919), has consistently read the suffrage clause not to reach municipal elections. Vertrees said the suffrage clause places "absolutely no restriction upon the power of the Legislature" to set the voting requirements for municipal elections.

That clause was amended in 1953 and again in 1978, when the current language ("all federal, state, and local elections") was adopted. The Tennessee Supreme Court has not revisited the question since those amendments, but the convention records suggest the framers intended to preserve the long-standing carve-out for municipal elections.

So the constitution does not by itself prevent a city from letting 16- or 17-year-olds vote in city council races.

But the General Assembly stepped in. The Election Code at Tenn. Code Ann. § 2-1-103 makes the Code applicable to "[a]ll elections for public office" in Tennessee. Section 2-1-105 prohibits anyone other than a "qualified voter" from voting in any Tennessee election. Section 2-2-102 defines "qualified voter" as a U.S. citizen 18 years of age or older. Together, those provisions impose a statewide statutory voting age of 18 that reaches municipal elections.

City of Memphis v. Hargett, 414 S.W.3d 88, 114-15 (Tenn. 2013) and State ex rel. Wise v. Judd, 655 S.W.2d 952, 955 (Tenn. 1983) confirm that the Election Code applies to municipal elections.

Home rule does not change the answer. Tenn. Const. art. XI, § 9 lets a municipality opt into home rule, which restricts the General Assembly from enacting private or local legislation directed at that municipality. But home rule does not insulate the city from general laws that apply statewide. The Election Code is general; it operates on every Tennessee election regardless of which jurisdiction holds the election. So a home-rule city is just as bound by the 18-and-older rule as any other Tennessee city.

If Tennessee wants to allow younger voters in municipal elections, the General Assembly has to amend the Election Code (or carve out an exception for specific municipal elections). A city cannot do it unilaterally.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Can my city pass a charter amendment to lower the voting age?
A: No, not under current state law. A charter amendment cannot override a state statute. The Election Code's 18-and-older rule applies to "[a]ll elections for public office" in Tennessee.

Q: Why isn't the suffrage clause the controlling constitutional rule?
A: The Tennessee Supreme Court has long read art. IV, § 1 not to apply to municipal elections, even though the language refers to local elections. Tennessee follows a constitutional tradition where municipal elections sit outside the suffrage clause and inside the legislature's general regulatory authority over non-constitutional elections (art. VII, § 4).

Q: Could a charter pre-empted by the Election Code still apply if the General Assembly were silent?
A: If the Election Code did not address voting age, a home-rule city might have authority to set a different age. But because the Election Code expressly imposes the 18-and-older rule on all elections, the city cannot deviate.

Q: What about non-binding advisory votes by minors?
A: The opinion addresses "elections for public office" under the Election Code. It does not address non-binding advisory polls, school surveys, or youth councils, which do not fill a public office, so anything of that sort falls outside what this opinion decided.

Q: Could a 16-year-old vote in a school board election?
A: No. School board elections are public-office elections governed by the Election Code, so the 18-and-older rule applies.

Q: How would Tennessee actually allow younger voters?
A: Two paths. The General Assembly could amend the Election Code's "qualified voter" definition. Or the General Assembly could pass a law specifically authorizing one or more municipalities to set a different age for their own municipal elections. A constitutional amendment is not necessary because the suffrage clause does not require 18 in municipal elections; the requirement is statutory.

Background and statutory framework

Tennessee's election regime has two layers. The constitution sets the floor for state and federal elections through art. IV, § 1's suffrage clause. Municipal elections sit outside that clause and inside the legislature's regulatory authority under art. VII, § 4. Vertrees and Ledgerwood are the foundational cases for that division of authority.

The Election Code, Tenn. Code Ann. tit. 2, fills the legislative gap. § 2-1-103 announces the Code applies to all public-office elections. § 2-1-105 confines voting in Tennessee elections to "qualified voters." § 2-2-102 defines "qualified voter" with the age and citizenship requirements. The combined effect is a statewide voting-age floor of 18 that reaches municipal elections.

Home rule under art. XI, § 9 lets cities adopt charters that constrain the legislature's authority to pass private or local legislation directed at that city. Civil Serv. Merit Bd. v. Burson, 816 S.W.2d 725, 728 (Tenn. 1991), and Farris v. Blanton, 528 S.W.2d 549, 551 (Tenn. 1975), make clear that home rule restricts only legislation that is "private or local in form or effect," not general laws. The Election Code is general, so home rule does not displace it.

Citations

• Tenn. Const. art. IV, § 1; art. VII, § 4; art. XI, § 9
• Tenn. Code Ann. §§ 2-1-103; 2-1-105; 2-2-102
• Vertrees v. State Bd. of Elections, 214 S.W. 737 (Tenn. 1919)
• Ledgerwood v. Pitts, 125 S.W. 1036 (Tenn. 1910)
• City of Memphis v. Hargett, 414 S.W.3d 88 (Tenn. 2013)
• State ex rel. Wise v. Judd, 655 S.W.2d 952 (Tenn. 1983)
• Clark v. Vaughn, 146 S.W.2d 351 (Tenn. 1841)
• Civil Serv. Merit Bd. v. Burson, 816 S.W.2d 725 (Tenn. 1991)
• Farris v. Blanton, 528 S.W.2d 549 (Tenn. 1975)
• Tenn. Att'y Gen. Op. 13-106 (Dec. 20, 2013); Op. 08-122 (July 10, 2008); Op. 03-62 (May 14, 2003); Op. 88-28 (Feb. 9, 1988); Op. 85-42 (Feb. 15, 1985); Op. 81-338 (June 2, 1981); Op. 80-328 (June 27, 1980); Op. 80-440 (Sept. 9, 1980); Op. 78-290 (July 19, 1978)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-29.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
July 6, 2018
Opinion No. 18-29

Voting Age in Municipal Elections

Question 1
Does the Tennessee Constitution prohibit persons under the age of eighteen from voting in municipal elections?

Opinion 1
No. However, current Tennessee law prohibits persons under the age of eighteen from voting in municipal elections.

Question 2
Does the answer to Question 1 change if a municipality has adopted home rule?

Opinion 2
No.

ANALYSIS

Article IV, section 1 of the Tennessee Constitution grants to "[e]very person, being eighteen years of age, being a citizen of the United States," and meeting the specified residency and registration requirements the right "to vote in all federal, state, and local elections held in the county or district in which such person resides." Tenn. Const. art. IV, § 1. The Tennessee Supreme Court has long interpreted this suffrage clause to set out the exclusive qualifications of voters, and, accordingly, "the Legislature may not add to these qualifications nor subtract therefrom." Vertrees v. State Bd. of Elections, 141 Tenn. 645, 214 S.W. 737, 739 (1919).

The suffrage clause of section 1, however, has also long been interpreted not to apply to municipal elections. See id. at 740 (noting "the conclusion inevitably follows" that article IV, section 1 does not control municipal elections); Ledgerwood v. Pitts, 122 Tenn. 570, 125 S.W. 1036, 1042 (1910) ("It has never been supposed that the election and suffrage clause of the Constitution applie[s] to municipal corporations[.]"). Vertrees held that the suffrage clause places "absolutely no restriction upon the power of the Legislature" to set the requirements for voting in municipal elections. 214 S.W. at 740. Relying on this longstanding interpretation, this Office has repeatedly concluded that the residency requirements in the suffrage clause do not apply to municipal elections and thus do not prohibit non-resident property owners from voting in municipal elections. See Tenn. Att'y Gen. Op. 13-106 (Dec. 20, 2013); Tenn. Att'y Gen. Op. 08-122 (July 10, 2008); Tenn. Att'y Gen. Op. 85-42 (Feb. 15, 1985); Tenn. Att'y Gen. Op. 81-338 (June 2, 1981); Tenn. Att'y Gen. Op. 78-290 (July 19, 1978).

1. The Tennessee Constitution thus does not itself prohibit individuals under the age of eighteen from voting in municipal elections. Instead, it leaves to the legislature the regulation of all elections not provided for by the Constitution, including municipal elections. Tenn. Const. art. VII, § 4; City of Memphis v. Hargett, 414 S.W.3d 88, 114-15 (Tenn. 2013) (citing Ledgerwood, 125 S.W. at 1039); Vertrees, 214 S.W. at 739-40.

The General Assembly has exercised this constitutional authority and limited the franchise in all elections to individuals who are at least eighteen years old. The Election Code prohibits anyone other than a "qualified voter" from voting in Tennessee elections, see Tenn. Code Ann. § 2-1-105, and defines a "qualified voter" as "[a] citizen of the United States eighteen (18) years of age or older who is a resident of this state," id. § 2-2-102. These provisions apply to "[a]ll elections for public office" in the State, including municipal elections. Tenn. Code Ann. § 2-1-103; see State ex rel. Wise v. Judd, 655 S.W.2d 952, 955 (Tenn. 1983); Clark v. Vaughn, 177 Tenn. 76, 146 S.W.2d 351, 352 (1841). Accordingly, "[i]f one is under eighteen (18) years of age, he cannot vote in the state of Tennessee" under current law. Tenn. Att'y Gen. Op. 80-328 (June 27, 1980). With respect to municipal elections, that prohibition is a statutory one, however, not one required by the Constitution.

2. A municipality's home rule status has no effect on the application of the suffrage clause to municipal elections or on the ability of the legislature to establish a statewide age requirement for voters. The Tennessee Constitution's home rule provision requires that any act of the General Assembly which is private or local in form or effect and applicable to a particular county or municipality receive local approval. Tenn. Const. art. XI, § 9. Moreover, once a municipality adopts home rule, the General Assembly lacks authority to enact laws for that municipality that are local in form or effect regardless of local approval. Id.; see Tenn. Att'y Gen. Op. 03-62 (May 14, 2003); Tenn. Att'y Gen. Op. 88-28 (Feb. 9, 1988); Tenn. Att'y Gen. Op. 80-440 (Sep. 9, 1980).

These two provisions restrict the power of the General Assembly to enact laws that are not general in terms and effect. Civil Serv. Merit Bd. v. Burson, 816 S.W.2d 725, 728 (Tenn. 1991); Farris v. Blanton, 528 S.W.2d 549, 551 (Tenn. 1975). They do not, however, limit the power of the General Assembly with respect to general laws such as the Election Code. Accordingly, under current law, a municipality may not allow any person under the age of eighteen to vote in a municipal election, regardless of whether the municipality has adopted home rule.

[Footnote 1: Both Ledgerwood and Vertrees addressed the suffrage clause of the 1870 Constitution, which applied to elections "for members of the General Assembly and other civil officers." Tenn. Const. art. IV, § 1 (1870). Ledgerwood found it "very obvious" that the clause encompassed only elections "referred to" in the Constitution and "created by the Legislature" and did not encompass municipal elections. 125 S.W. at 1042. And Vertrees affirmed that interpretation. 214 S.W. at 739-40. The language of the suffrage clause was amended in 1953 and then again in 1978, when the limited constitutional convention adopted the current language applying to "all federal, state, and local elections." Tenn. Const. art. IV, § 1 (1978). The Tennessee Supreme Court has not revisited the application of the suffrage clause to municipal elections since the 1953 and 1978 revisions. Evidence from the Constitutional Conventions responsible for the revisions, however, indicates a desire to preserve the exemption of municipal elections from the suffrage clause.]

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

JONATHAN DAVID SHAUB
Assistant Solicitor General

Requested by:
The Honorable Sara Kyle
State Senator
425 5th Avenue North
760 Cordell Hull Building
Nashville, TN 37243