The City of Memphis v. Shelby County Election Commission, et al.

In this expedited appeal, this Court is asked to decide whether the Shelby County Election
Commission exceeded its authority by refusing to place Referendum Ordinance No. 5072 on the
November 2, 2004, ballot based upon the State Election Coordinator’s opinion that the Ordinance
is unconstitutional. We hold that the Shelby County Election Commission exceeded its authority
in refusing to place the measure on the ballot. Accordingly, the judgment of the trial court is
reversed, and the Commission is hereby ordered to include Referendum Ordinance No. 5072 on the November 2, 2004, ballot.