The Memphis City Council will consider its next legal step after the Shelby County Election Commission on Tuesday refused to put gun restriction referendums on the November ballot.
On the advice of Tennessee state elections director Mark Goins, the commission decided not to put those questions to Memphis voters this fall, officials confirmed.
Shelby County Elections Director Linda Phillips issued a statement after a special meeting Tuesday, saying, “The City of Memphis has requested that a referendum ordinance amending the charter be placed on the ballot. However, the State Elections Coordinator has advised us in a letter that this ordinance may be overridden by state law. The State Elections Coordinator is guiding us in the conduct of the election, and we will follow his instructions. If the City of Memphis decides to challenge this interpretation, we will respect the final decision of the courts.”
The move comes in response to the Memphis City Council’s decision to put three referendums on the November ballot. Voters will be asked whether they approve changes to the city constitution that would require a permit to carry handguns, restrict gun storage in cars, ban assault weapons such as AK-47s after Jan. 1 and have the power to issue extreme-risk protective orders, often called red flag laws.
Council President JB Smiley and Council Member 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 voice their opinions to reduce gun violence in Memphis.
The referendums are more like resolutions that counties routinely pass, asking the state to implement or block certain policies, but in this case, if passed, they would have the support of the entire city, not just the City Council.
Smiley called the situation a “miscarriage of justice” following the Republican-controlled Election Commission’s decision on Tuesday and said the City Council would discuss the “best course of action” with its attorney. He predicted earlier this week that the city would take the matter to court after House Speaker Cameron Sexton of Crossville and Lt. Governor Randy McNally of Oak Ridge threatened to cut off Memphis’ share of more than $75 million in sales tax revenue if the questions were placed on the November ballot.
Smiley said he found it “interesting” that the state’s Republican leaders went from threatening to cut Memphis’ share of the sales tax (which he called illegal) to removing the questions from the ballot.
Memphis Democratic Rep. Justin Pearson called Tuesday’s election commission result “the wrong decision.”
“It is consistent with the authoritarian actions of Republicans in power in our state legislature who are interfering in local government matters that are outside their legal authority,” Pearson said.
