Johnson County Board of Election Commissioners v. Holman

George Rose Smith, Justice.

When a vacancy occurs in the office of municipal judge more than nine months before the next general election, and the governor fills the vacancy by appointment, is the appointee’s successor to be chosen at a special election called by the governor or at the next general election? The trial judge took the latter view and accordingly held that the governor’s proclamation calling a special eléction was void. We must disagree.

The case concerns the Clarksville Municipal Court, which the trial court correctly found to be a municipal office even though the judge is…