The charter says, “No person shall be elected or appointed as a Councilmember unless he or she shall have been a resident voter and taxpayer of the City of Memphis for not less than five (5) years preceding his or her election or appointment,” reads a Memphis ordinance. … whether or not they like your opinion, whether or not they agree with your opinion or claims it's bound by your opinion, they don’t conduct elections.”īoth Meyers, who wrote the opinion saying that the five-year requirement remains, and attorney Allan Wade, who authored two opinions saying the five-year requirement was no longer in effect, were present at court Friday. “Not to be flippant, who cares?” said attorney Robert Spence, who represents Bonner. In contrast, attorneys for Floyd and Bonner argued that the city was not an “indispensable party,” even if it had requested an opinion that the election commission decided to use. Jenkins also allowed the two suits, one filed by Sheriff Floyd Bonner and one filed by former Shelby County Commissioner Van Turner, to be consolidated.Īttorneys for the Election Commission argued that the city would not be bound by any opinion issued by Jenkins on the residency requirement if it was not part of the case. More: Memphis mayoral race: candidates face questions on MPD chief, consolidation, abortion “Query: which one is the official position of the city attorney? I don’t know.”
From the information presented to me, it appears that what we have at this point is simply attorney (Robert) Meyers’ opinion, although he does have a great amount of experience in election matters, but at least from what I can tell from the pleadings there are at least two other opinions that the city requested and which the city attorney is privy to,” Jenkins said. “It is concerning to the court that the city attorney has not given an official statement with respect to this issue.
The City of Memphis won’t be made a party to a lawsuit from two mayoral candidates against the Shelby County Election Commission.Ĭhancellor JoeDae Jenkins ruled Friday against the motion by the Election Commission to bring the city into the lawsuit, saying the city attorney has not made any official statement on the opinion currently used by the election commission that bars candidates from the mayoral race who have not lived in the city for five years prior to the election.
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