Shelby County Election Commission declines to put Memphis gun restriction resolutions on ballot

Memphis Council member JB Smiley, Jr. (Photo: John Partipilo)

The Memphis City Council is set to consider its next legal move after the Shelby County Election Commission refused Tuesday to place gun restriction referendums on the November ballot.

Acting on advice from Tennessee Elections Administrator Mark Goins, the commission opted against putting the questions to Memphis voters this fall, officials confirmed.

Shelby County Elections Administrator Linda Phillips issued a statement after a special meeting Tuesday saying, “The city of Memphis has requested that a charter amendment referendum ordinance be placed on the ballot. However, the state coordinator of elections has advised us, through a letter, that this ordinance may be preempted by state law. The state coordinator of elections guides us in administering elections, and we will follow his direction. If the city of Memphis decides to challenge this interpretation, we will respect the final decision made by the courts.”

The move comes in response to Memphis City Council’s decision to pace three referendums on the November ballot asking voters whether they approve amendments to the city charter requiring a handgun permit, restrictions on the storage of guns in cars, a ban on assault weapons such as AK-47s after Jan. 1, and authority to enact extreme risk protections orders, which are often referred to as red flag laws.

Council Chairman JB Smiley and Councilman Jeff Warren, who sponsored the resolutions, said the questions are non-binding and would require action by the City Council and state Legislature to take effect. They say they are asking voters to weigh in as part of an effort to reduce gun violence in Memphis.

The referendums are more like resolutions that counties routinely pass asking for the state to implement or block certain policies, except in this instance they would have the backing of the whole city instead of just the council, if passed.

Smiley called the situation a “miscarriage of justice” after the Republican-controlled Election Commission’s decision Tuesday and said the City Council will discuss the “best course of action” with its attorney. He predicted earlier in the week the city will take the matter to court after House Speaker Cameron Sexton of Crossville and Lt. Gov. Randy McNally of Oak Ridge threatened to try to remove Memphis’ share of sales tax revenue, more than $75 million, if it puts the questions on the November ballot.

Smiley said he believes it is “interesting” that state Republican leaders switched from threatening to cut Memphis’ sales tax share, which he called illegal, to removing the questions from the ballot.

Democratic state Rep. Justin Pearson of Memphis called the election commission’s Tuesday outcome “the wrong decision.”

“It is in line with the authoritarian actions of Republicans who are in power in our state Legislature, overreaching into a local government matter that is beyond their legal authority,” Pearson said.