Law director: English Only cannot appear on ballot

Legal opinion threatens November ballot measure

Email | Print By Nate Rau

In a letter to the Davidson Country Election Commission, the Metro director of law stated that the English Only charter amendment proposal cannot appear on the November ballot because of a legal technicality.

Metro Director of Law Sue Cain said in her letter that the English Only proposal would not clear the charter required two-year waiting period for charter amendment referendums.

The English Only initiative, which states no one has the right to Metro services in any language other than English, has the necessary 10,103 signatures from registered Davidson County voters to appear on the ballot. With the necessary signatures already verified by the Davidson County Election Commission, the Board of Commissioners still has to certify them before the ballot measure is approved.

Because the 2006 charter amendment requiring voter approval of property tax increases passed on Nov. 7, 2006, the next charter amendment could not be proposed until Nov. 7, 2008.

"It is the opinion of the Department of Law that as there as already been a referendum initiated by petition submitted to the people within two years of Nov. 4, 2008, another proposed amendment may not appear on the Nov. 4, 2008 ballot," Cain's letter said.

The Davidson County Election Commission meeting is scheduled for 3 p.m. Tuesday.