(Memphis) A day before early voting is set to begin Friday, a federal judge is expected to decide if the municipal school referendums will go on as planned.
Many absentee ballots have already been cast and thousands of dollars have been spent to prepare for the August 2nd referendum.
Shelby County Commissioner Steve Mulroy believes it`s unconstitutional for the municipalities to hold the school referendums.
Mulroy and many others are looking forward to the federal hearing Thursday, “I think we have strong legal arguments for stopping the elections. I wouldn’t be surprised if he stopped the election. On the other hand the judge is always going to be reluctant to stop an election. So maybe he won`t.”
Mulroy thinks the federal judge should rule the referendums cannot go on as schedule because under the state constitution a state law that impacts only one county in the state must first be approved by a countywide vote or be approved by the county commission.
Something Mulroy says was never done, “The law that was passed this legislative session in Nashville that allows the referendum to take place now not next year when the attorney general says it was supposed to happen applies only in Shelby County. They were deliberately trying to carve out Shelby County for special treatment.”
Commissioner Wyatt Bunker believes the suburbs are within their rights to hold the referendums, “If this election or this vote is derailed then it probably would effectively consolidate the schools.”
The Judge could allow the referendums, but also allow more time for debate and deliberation on their constitutionality.
If that’s the case, the election results could be thrown out before they’re certified.
Bunker says that could impact voter turnout, “If the mood out there is that yeah we have a chance to get municipal schools I think the municipalities will turn out in droves. IF not then I think that would hurt turn out there.”
The federal hearing will start Thursday at 9:30 and arguments are expected to last all day.
News Channel 3 will have a reporter inside and bring you the details as they develop.
