Legislative leaders said they would cut Memphis' tax revenues should the City Council move forward with non-binding ballot questions aiming to take voters' temperature on gun policy. (Alex Wong / Getty Images)
UPDATE: This article has been updated to reflect comments from the Secretary of State’s Office and Lt. Gov. Randy McNally.
The Memphis City Council filed suit Friday against the Shelby County Election Commission for refusing to place gun-restriction questions on the November ballot after Republican leaders threatened to cut the city’s state sales tax share.
“We won’t back down, and we damn sure won’t be bullied,” said Memphis City Council Chairman JB Smiley, who announced the city filed the lawsuit in Shelby County Chancery Court earlier Friday.
The court filing claims the election commission overstepped the city’s authority to hold the non-binding referendums for charter amendments on three gun-related restrictions. Smiley noted the election commission “made a direct attack” against the council by reacting to a letter from state Election Administrator Mark Goins that said state law preempts local governments from adopting gun laws.
Secretary of State Tre Hargett responded Friday, saying, “Cities do not get to pick and choose which state laws they will or won’t follow.”
Shelby County Election Commission declines to put Memphis gun restriction resolutions on ballot
The Memphis City Council voted in July to put non-binding referendums on the ballot this fall to see where local voters stand on several gun-related measures. City Council leaders say if ultimately adopted by the council and then the state Legislature, the measures would enable the city to enact handgun carry permits, a ban on military-style weapons and extreme risk protection orders for people exhibiting unstable behavior.
The legal action comes after House Speaker Cameron Sexton and Lt. Gov. Randy McNally issued a statement this week saying they would try to pass legislation in 2025 cutting Memphis’ portion of shared sales tax revenue, more than $75 million, if Memphis places the questions on the November ballot.
McNally said Friday in reaction to the lawsuit, “While the council has the freedom to litigate any issue it chooses, the guidance of the Secretary of State was clear and the decision whether or not to grant ballot access is firmly under the purview of the commission. Local governments cannot make state law. The election commission was entirely correct in its decision.”
GOP leaders promise punitive tax move if Memphis passes gun restrictions; state moves to block them
Their Monday press release was followed up by a statement from Hargett saying state law prohibits Memphis from putting those questions on the ballot. A letter from Goins also informed the Shelby County Election Commission it could not place those questions on the ballot because state law preempts local governments from passing gun-related legislation.
The Republican-controlled election commission, chaired by former Shelby County Mayor Mark Luttrell, followed Goins’ advice and said it would not allow the referendums on the ballot.
Smiley contended the election commission violated the state’s open meetings law by making the decision without holding a vote.
City Councilman Jeff Warren and Smiley both said this week state officials were “confused” on the issue because the referendums would be questions for voters, not binding legal actions.
The American Civil Liberties Union of Tennessee released a statement Friday supporting the Memphis City Council lawsuit and contending state officials are illegally interfering with a local election.
“This is the latest example of a disturbing trend of authoritarian, antidemocratic power grabs by state leaders looking to deny communities the ability to govern themselves and shape their own future,” the ACLU-Tennessee said.
The ACLU contends no state law grants the secretary of state or the coordinator of elections to “approve or deny ballots based on the substance of the referendum.” In addition, they said the Tennessee Supreme Court has found that the elections coordinator and county election commission can’t stop a charter referendum ordinance from being placed on a ballot “merely because they believe it to be unlawful.” That question is to be decided by judges, the ACLU said.
The House speaker’s office did not response Friday to requests for comment.
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