Tennessee Supreme Court moves up Nashville mayoral election to May

The Tennessee Supreme Court ruled Tuesday that Nashville must hold an election in late May for mayor instead of August, overturning the Davidson County Election Commission and a lower court's decision and dramatically upending the dynamics of the race.

In a unanimous 5-0 opinion written by Chief Justice Jeff Bivins, the court sided with the plaintiff, Ludye Wallace, on the central issue in a lawsuit against Metro by agreeing there's a distinction between a "general election" and a "metropolitan general election."

The opinion came one day after oral arguments on the case in which justices, including Bivins, pressed Metro attorney Lora Fox on the basis of Metro's argument. The city argued that the question had been decided in a 1983 Supreme Court case, Wise v. Judd, but the court disagreed.

"The next 'general metropolitan election' is the August 2019 election," the opinion reads. "Because the date of that election is more than twelve months from the date of the mayoral vacancy, (the Metro Charter) requires that a special election be set.

"For the reasons stated herein, the judgment of the trial court is reversed."

► The high court: Tennessee Supreme Court hears Nashville mayoral election date case

► The lower court: Judge rules to keep Nashville mayoral election in August

A new mayoral election is required by the March 6 resignation of former Mayor Megan Barry.

The court has ordered the election commission, which voted 3-2 last month to put the mayoral election on the existing Aug. 2 ballot, to meet again to implement the court's ruling and set a special stand-alone election between May 21 and May 25. The election commission will meet at 3 p.m. Wednesday to take up the issue.

"We've got to work expeditiously to abide by the court's order," election commission chairman Jim DeLanis said, adding that the election staff is leaning toward May 24 for the election.

The order for the stand-alone May special election comes as the election commission is already preparing for a separate May 1 local primary election — headlined by a referendum on funding a $5.4 billion transit program. Early voting for that election begins Wednesday.

Wallace, a former councilman and president of the Nashville NAACP, who has qualified to run for mayor, sued the city last month seeking a special election in May after the election commission placed the race on the August ballot.

The opinion reverses a decision last month from Chancellor Claudia Bonnyman, who ruled against Wallace and in favor of the city by keeping the election in August. The Supreme Court agreed to hear the case on a special expedited appeal.

The high court's decision has immediate consequences for a mayor's race that has attracted 14 candidates, including Wallace and Mayor David Briley.

There will now be a new qualifying deadline on Thursday, meaning candidates who previously declined bids can weigh their options again. In addition, candidates who had declared for the August election have time to exit.

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​​"We are grateful that the Tennessee Supreme Court has issued a powerful, persuasive and unanimous opinion vindicating Mr. Wallace’s claim that the Charter is clear and that Metro Government cannot unilaterally nullify a referendum supported by 83 percent of voters," said Wallace's lawyer Daniel Horwitz, who led the case with attorney Jamie Hollin.

In the opinion, Bivins pointed to the Metro Charter amendment approved by voters in 2007. The amendment says a special election must be held within 75 and 80 days of a vacancy whenever a mayoral vacancy exists "more than 12 months prior to the date of the next general metropolitan election.”

In court Monday, Fox told the justices that the ballot summary of the 2007 charter amendment was "inaccurate" and that its passage did not change what constitutes a general metropolitan election.

The city argued unsuccessfully the already-existing August election — which includes Davidson County races such as sheriff, register of deeds and trustee — qualifies as a "general metropolitan election." Thus, the commission added the mayor's race to the Aug. 2 election. Metro has used this same rationale during recent vacancies on the Metro Council.

But the court, agreeing with the plaintiff, interpreted the Metro Charter's definition of a “general metropolitan election” as only occurring on the first Thursday in August of every fourth odd-numbered year, beginning in 1971.

That means the next one wouldn't be until August 2019, more than 12 months from now. These are elections typically reserved for mayor and Metro Council races.

In a 13-page opinion, the justices said Metro's founding drafters of the 1962 Metro Charter intended to draw a distinction between "general metropolitan elections" and those that have partisan races.

"We do not read the use of the distinct phrases 'general metropolitan election' and 'general election' to be merely accidental," the opinion reads. "Rather, we view the two phrases to have been intentionally and thoughtfully employed to refer to different elections."

In a written statement on the opinion, Metro Law Director Jon Cooper pointed to legal precedent that formed the city's position.

"The election commission based its decision to set the election in August upon prior judicial rulings, and in this case, that decision was later upheld by the Trial Court," Cooper said. "The Supreme Court’s ruling has now settled this issue."

The election commission has said a special stand-alone election for mayor in May would cost about $1 million.

The Metro Council's Budget and Finance chairwoman Tanaka Vercher said she is inquiring about the impact an election will have on the next city budget.

The expedited election could offer an advantage to the current officeholder, Mayor David Briley, who has already raised more than $400,000.

Other candidates, including At-large Councilwoman Erica Gilmore, state Rep. Harold Love Jr., conservative commentator Carol Swain and former conservative radio talk show host Ralph Bristol, now have less time to play catch-up to raise money.

"The Supreme Court has ruled, and I'll be ready for the election," Briley said in a statement. "I appreciate all the support I've already received, and I'm looking forward to a strong campaign over the next six weeks."

Gilmore, who attended Monday's Supreme Court hearing, had said she believes the race should be held in August, pointing to the "burden" it would cause for the election commission and added "confusion" for voters.

With the election now moved to May, Gilmore would no longer appear on the same ballot with state Rep. Brenda Gilmore, D-Nashville, mother of Erica Gilmore, who is running for state Senate.

Swain in a statement praised the court for its decision and Wallace for his "courage and leadership on this critical matter.”

Bristol, in a statement, said he welcomes the decision of the Supreme Court, adding that he's been in the public eye on issues for a while now and that he starts with a "pretty solid base of support."

"It's not too late to correct some of the mistakes of the last administration, and the sooner that starts, the better," he said.

Reach Joey Garrison at jgarrison@tennessean.com or 615-259-8236 and on Twitter @joeygarrison.