Memphis Democrat’s bill would allow recall of local elected officials
Harris makes move during disagreement over shortening some school board terms
Democratic Rep. Torrey Harris of Memphis says legislation to created recall measure for local officials returns accountability to “the people.” (Photo: John Partipilo/Tennessee Lookout)
Amid an argument over jettisoning Memphis school board members, state Rep. Torrey Harris is sponsoring a measure that would allow voters to recall local elected leaders.
House Bill 1448, which Harris filed Tuesday, would create a process for the removal of officials such as mayors, county commissioners, school board members and other county officials.
Some Tennessee local government charters already allow recall votes, or an ouster lawsuit can be filed in chancery court for misconduct or neglect of duty. But Harris’ measure would be based largely on voter discontent with an official.
“This legislation is about restoring the power of accountability where it belongs — with the people,” Harris said in a statement. “Our communities deserve to have confidence that if their elected leaders stop representing their values or fail to uphold the public trust, there is a process in place to act responsibly and democratically.”
Harris passed legislation earlier this year to move the election dates of school board members to match those of county commissions. It passed the legislature overwhelmingly despite opposition from Senate Democrats and a handful of House Democrats.
Sen. London Lamar, a Memphis Democrat, said Wednesday she could not support the bill because of the need to protect the rights of voters to select representatives rather than tinker with the process.
“We already have a system for holding elected officials accountable. It’s called an election. Creating a new recall process risks turning local democracy into a series of vengeance campaigns by sore losers or politically motivated special interests,” Lamar said in a statement to the Lookout.
Lamar said she believes such legislation also could “open the door” for more out-of-state dark money to target “community leaders.”
After the session vote, Shelby County Commission voted 7-5 this summer to change the date of school board elections to match other 2026 elections, a move that would shorten the four-year terms of five members. Commissioners initially delayed action because of school board opposition and questions about the constitutionality of reducing terms, Chalkbeat Tennessee reported.
We already have a system for holding elected officials accountable. It’s called an election. Creating a new recall process risks turning local democracy into a series of vengeance campaigns by sore losers or politically motivated special interests.
– Sen. London Lamar, D-Memphis
Shelby County Mayor Lee Harris, who is not related to Torrey Harris, vetoed the measure because he opposed changing the terms of sitting board members. An override vote could be held Monday.
Those moves are believed to be targeting four Memphis Shelby County School Board members in mid-term after they voted to fire Superintendent Marie Feagins this year, upsetting some community members and leading to a lawsuit by the former schools leader.
Memphis Democratic Rep. G.A. Hardaway, who voted for Harris’ initial bill this year, asked for a legal opinion in August from Attorney General Jonathan Skrmetti to determine whether it is constitutional for county officials to shorten school board member terms, according to the Chalkbeat Tennessee report. The opinion hasn’t been filed yet.
Rep. Harris’ new legislation is expected to be sponsored in the Senate by Sen. Brent Taylor, a Shelby County Republican who tried to orchestrate a state takeover of the school district this year. He was unable to muster enough support to gain passage, especially in light of the failure of the state’s Achievement School District to make a major difference in Memphis’ troubled schools. The state-run district that created several charter schools in Memphis is being phased out.
Harris’ bill, which also would affect mayors, sheriffs, trustees, clerks, property assessors and registers of deeds, would allow local voters to file a petition with the county election commission demanding a recall. It would have to be signed by 66% of the total vote cast for the office in the last regular election and give a general statement on the grounds for removal.
When submitted, the petition would have to include a sworn affidavit stating each voter’s signature is genuine and received within 90 days of the start of the petition. In addition, the person circulating the petition must have voted in favor of the official they’re seeking to remove in that elected official’s last regular election.
If the county election commission places the matter on a ballot, it must be posed only to voters represented by the official up for removal.