SB 140 - HB 384
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
April 2, 2025
Fiscal Analyst: Christine Drescher | Email: christine.drescher@capitol.tn.gov | Phone: 615-741-2564
SB 140 - HB 384
SUMMARY OF BILL: Creates a recall process for public officers of a municipal legislative
body or a city or county school board by qualified electors entitled to vote in the district from which
the officer was elected.
Creates a Class C misdemeanor for an individual who commits forgery on a petition for the recall of
a public officer.
Authorizes a public officer, upon being given written notice by the Secretary of State (SOS) that they
are named in an approved petition, to prepare and have printed on the ballot of their recall election
a statement, containing up to 200 words, advocating against their recall. Prohibits the same public
officer from being appointed to fill the vacancy of their office that is created by them resigning in
place of having a recall election.
Specifies that an election must be held on a general or primary election if the recall petition was
certified more than 60 days prior to that election, or be held the next succeeding general election if it
is certified less than 60 days prior to a general or primary election. Clarifies that a recall election must
be paid in the same manner as the expenses for any other election.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Local election commissions will be able to handle any increase in petitions for recall by
utilizing existing staff and resources.
• The SOS will be able to give written notice to individuals of accepted petitions without any
increase in state expenditures.
• On average, individuals convicted of a Class C misdemeanor do not spend any amount of
time in jail and any fines collected are considered not significant. Therefore, the creation of
the Class C misdemeanor offense will have no significant fiscal impact to local
governments.
• Any statement by a public officer advocating against their recall can be printed on ballots by
a local election commission by utilizing existing resources and without any increase in
expenditures.
• The potential increase in ballot length as a result of a recall election is not anticipated to
result in any significant increase in expenditures.
SB 140 - HB 384 2
• Any recall election that occurs as a result of the proposed legislation is required to take
place on a pre-existing general or primary election. Therefore, there will be no significant
increase in local expenditures associated with holding a special election for the recall of a
public officer.
• There currently exists statutory authorization for specific cases of recall elections in certain
types of communities; however, the proposed legislation will expand this right of recall
elections to any type of district from which a public officer is elected.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director