Amends TCA Title 1, Chapter 3; Title 2; Title 3; Title 16; Title 17; Title 20; Title 27 and Title 29.

This bill requires that an action challenging the validity of any act of the general assembly that apportions or redistricts state legislative or congressional districts be filed in the chancery court of Davidson County and heard and determined by a three-judge panel organized in accordance with this bill. Under this bill: (1) Whenever any person files in the chancery court of Davidson County any action challenging the validity of any act of the general assembly that apportions or redistricts state legislative or congressional districts, the clerk and master of the chancery court of Davidson County must notify the chief justice of the supreme court, who will appoint three judges from the court of appeals to a three-judge panel to hear and determine the action; (2) To ensure that members of the three-judge panel are drawn from different regions of the state, the chief justice will appoint to the panel one judge from each grand division. The chief justice shall designate one member of the panel to serve as the chief judge; (3) A former member of the general assembly may not serve on the panel; (4) If any member of the three-judge panel is disqualified or otherwise unable to serve on the panel, the chief justice will appoint as a replacement another judge from the same grand division as the judge being replaced; (5) The three-judge panel will hear, try, and dispose of the action in the chancery court of Davidson County; (6) An order or judgment will not be entered affecting the validity of any act of the general assembly that apportions or redistricts state legislative or congressional districts except for an order or judgment by the three-judge panel organized in accordance with this bill. In the event of a disagreement among the three judges comprising the panel, then the opinion of the majority prevails; (7) The statute of limitations for any action filed challenging the validity of any act of the general assembly that apportions or redistricts state legislative or congressional districts will be one year after the date of the first statewide general election following the enactment of the public chapter that apportioned or redistricted the state legislative or congressional districts being challenged; and (8) Any party dissatisfied with the final judgment of the three-judge panel may appeal to the supreme court, as a matter of right, within 30 days from the entry of the judgment of the three-judge panel. ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1436, AS AMENDED. AMENDMENT #1 changes the venue for actions brought pursuant to this bill from the Davidson County chancery court to any chancery court in this state. Under this amendment, instead of having the chief justice of the Tennessee supreme court appoint all three members of the three-judge panel, the presiding judge of the judicial district where the action is filed will serve as the presiding judge of the three-judge panel that hears the case and the supreme court by majority vote will appoint the other two panelists from grand divisions not already represented by the presiding judge. If the presiding judge is unable to serve on the panel due, the supreme court by majority vote will appoint a replacement judge from the same judicial district or grand division as the presiding judge. This amendment removes this bill's statute of limitations provision, described in (7) of the Bill Summary. This amendment prohibits a court from imposing a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts unless the court first gives the general assembly at least 15 days to remedy any defects identified by the court in the court's findings of fact and conclusions of law. If the general assembly does not enact a new plan within the period of time set by the court for remedy of defects, the court will be authorized to impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court. This amendment changes this bill's effective date from upon becoming a law to July 1, 2021.