Mid-September hearing scheduled for Memphis referendum question

A Sept. 16 hearing is scheduled in the Memphis City Council’s lawsuit against the Shelby County Election Commission. (© Karen Pulfer Focht)

The Memphis City Council’s lawsuit against the Shelby County Election Commission over three referendum questions could be settled by mid-September.

A Sept. 16 hearing is scheduled before Shelby County Chancellor Melanie Taylor Jefferson, according to the Daily Memphian, to determine whether a slate of gun-restriction proposals can be placed on the Nov. 5 Memphis ballot.

The election commission refused last week to place the questions on the ballot after receiving a letter from Tennessee Election Coordinator Mark Goins citing a state law that he said preempts cities from setting weapons-related ordinances.

Memphis officials have said their referendums, which would amend the city charter to require handgun permits, restrict the sales of military-type weapons and enact extreme risk protection orders would have to be approved by voters this fall, then go through a City Council vote.

City Councilman Jeff Warren, a co-sponsor of the referendum resolutions, told the Lookout the measures are a “trigger” mechanism and could not take effect unless the state passes laws making them possible. Warren compared them to the Legislature’s abortion ban “trigger” that became effective when the U.S. Supreme Court overturned Roe v. Wade two years ago.

The City Council voted in July to place the questions on the November ballot. But House Speaker Cameron Sexton and Lt. Gov. Randy McNally announced last week they would try to take away Memphis’ $78 million in shared sales tax revenue if the questions go on the ballot.

Memphis contends the Shelby County Election Commission is required to put the referendums on the ballot under state law. Memphis officials also point out the election commission likely violated the state’s Open Meetings Act by refusing to allow the questions without taking a vote.

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