RESOLUTION NO. RS2004-162

A resolution requesting the Davidson County Election Commission to include ethnic newspapers meeting the requirements of T.C.A. §2-1-117 when publishing notices and sample ballots in newspapers of general circulation.

WHEREAS, the Davidson County Election Commission is required by state law to publish a sample ballot in a newspaper of general circulation at least five days before an election; and

WHEREAS, T.C.A. §2-1-117 provides that a “newspaper of general circulation” includes “a publication bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having a third-class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one-year period, which is published for the dissemination of news of general interest to the community which it serves, and is circulated generally in the municipality in which it is published and in which notice is to be given”; and

WHEREAS, there are certain ethnic newspapers published and disseminated within Davidson County that meet the criteria set out in T.C.A. §2-1-117; and

WHEREAS, it is fitting and proper that notices and sample ballots be published by the Election Commission in ethnic newspapers meeting the criteria set out in T.C.A. §2-1-117 at the request of the publishers of such ethnic newspapers.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Election Commission to include ethnic newspapers meeting the requirements of T.C.A. §2-1-117 when publishing notices and sample ballots in newspapers of general circulation.

Section 2. The Davidson County Election Commission is further requested to begin publishing sample ballots in ethnic newspapers prior to the February 10, 2004, Presidential Preference Primary.

Section 3. The Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Election Commission and to Michael McDonald, the Administrator of Elections.

Section 4. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Brenda Gilmore

AMENDMENT NO. 1
TO
RESOLUTON NO. RS2004-162

I move to amend Resolution No. RS2004-162 by deleting the present Section 1 and Section 2 thereof, and substituting in lieu thereof the following new Section 1 and Section 2:

“Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Election Commission to determine the feasibility of including ethnic newspapers meeting the requirements of T.C.A. §2-1-117 when publishing notices and sample ballots in newspapers of general circulation, provided such cost can be covered in their current operating budget.

Section 2. The Davidson County Election Commission is further requested to report back to the Council within sixty (60) days.”

Sponsored by: Jamie Isabel

LEGISLATIVE HISTORY

Referred to: Rules & Confirmations Committee 
Introduced: February 3, 2004 
Amended: February 3, 2004 
Adopted: February 3, 2004  
Returned Unsigned by Mayor: February 5, 2004