Tennessee's attorney general says yes-no retention elections for governor and legislators would be unconstitutional.
In the case of governor, Attorney General Bob Cooper said in his opinion issued Friday that language in the state constitution "clearly contemplates a popular election involving two or more persons."
And he says a court could construe certain provisions of the constitution to distinguish legislative elections from judicial elections so that a yes-no retention election for legislators would be unconstitutional.
Currently, state Supreme Court justices stand for yes-no retention elections when their terms end.
The opinion was requested by Republican Rep. Brian Kelsey of Germantown.
Hat tip Terry Frank.
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