The Tennessee State Capitol in Nashville.NASHVILLE – In separate bills, some Republican state legislators are pushing to have more state offices filled by popular election instead of appointment – including the state attorney general, members of the state Board of Education and, maybe, future justices of the state Supreme Court.
The bill on appellate court judges, filed Tuesday, is the latest popular election measure and perhaps most novel in approach. Under the bill (HB1767), Tennessee would return to popular election of appellate court judges if voters reject a proposed constitutional amendment on judicial selection this November.
It is basically “raising the stakes” for the statewide referendum on what will be designated as “Amendment 2” on the Nov. 4 statewide ballot, said Sen. Mike Bell, R-Riceville, who credits House sponsor Rep. Courtney Rogers, R-Hendersonville, with the initial idea.
“It lets voters know they’re choosing one or the other,” Bell said.
If the amendment is approved, the state’s top judges would be appointed by the governor when a vacancy occurs, subject to confirmation by the state House and Senate. Those who subsequently seek a new term would face a “retention election” with voters casting their ballots on a yes-or-no basis.