State: Vacancy statute applies to local school districts

The Tennessee Division of Elections has confirmed that local school districts are included in the state statute which applies to vacancies in elected offices.

Cannon County Administrator of Elections Matt Teply sought clarification on the matter after he learned last week that Shelley Walkup had moved outside of District 5. Walkup was elected in 2014 to represent District 5 on the Cannon County Board of Education.

In an email reply to Teply, Beth Henry-Robertson, the state's Assistant Coordinator of Elections, provided the following information:

"Based on Tenn. Code Ann. § 8-48-101(3), a vacancy can occur when an officeholder ceases 'to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed.' (Emphasis added) Because this statute applies to "any office in this state," it applies to county school board and county commission.

"If the vacancy on the school board occurs in the middle of the four-year school board term, then Tenn. Code Ann. § 5-1-104 applies and governs the process for filling the vacancy and requires the unexpired term to be placed on the August 2, 2018 ballot. However, if the school board member is entering the end of the full-term of office, as are the members of the county legislative body, Tenn. Code Ann. § 5-1-104 still governs the appointment process, but the election in 2018 will be for the full term of office."

Walkup stated at last Thursday's school board meeting that she was now living in District 4.

The Cannon County Commission will be tasked with appointing someone to fill the District 5 vacancy until next year's election.