Nearly a year into a controversy over proposals to limit Nashville’s property tax rates by countywide referendum, the saga continues.
Ahead of a trial this week to decide the fate of six charter amendments proposed by 4 Good Government, the Davidson County Election Commission has asked a judge to deem an alternative proposal by the Metro Council “null and void.”
Last month, election commissioners voted to put the six charter amendments on a ballot for a citywide referendum election scheduled for July 27. Mayor John Cooper called the effort an “unconstitutional attempt to sabotage our city.” Days later, Metro filed suit.
Commissioners voted to ask a judge whether the council’s alternative amendment — championed by council member Bob Mendes — must also be sent to voters.
In a lawsuit filed late last week, attorneys for the election commission note the council’s proposed amendment requires it to be on a ballot with the 4 Good Government petitioned amendments. If not held on the same day, the council’s amendment provides that it be disregarded.
“The referendum election on the Resolution’s proposed amendment could be held only on a date when the Resolution’s proposed amendment would be the only matter on the ballot,” the lawsuit reads. “Under these conditions, the Resolution provides that it is ‘null and void, without any further effect.’”
A trial on the legality of 4 Good Government’s petition begins this morning. Here’s what to know as the trial begins.
When is the trial?
A trial in the matter of Metropolitan Government of Nashville and Davidson County et. al. vs. Davidson County Election Commission will begin at 9 a.m. today. It is set to last three days. Chancellor Russell Perkins will preside.
Why is Metro suing the
election commission?
Metro says that limiting its ability to raise property taxes would cripple the city financially and cause Nashville to default on its bond agreements. Metro is asking a judge to either cancel the special election scheduled for July 27, void the election commission’s decision to hold the election or find the 4 Good Government proposals ineligible to go to voters. The lawsuit alleges that the group did not collect enough petition signatures to trigger an election — an issue on which the election commission voted last month.
Who else is involved?
Several groups have filed amicus briefs in the case, including the 4 Good Government group, represented by attorney Jim Roberts, the Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws, represented by attorney Daniel Horwitz.
The Nashville Business Coalition has filed a separate lawsuit against the election commission over the matter.
As preparation for the special election moves forward, a coalition of businesses, nonprofits and religious organizations called Save Nashville Now has assembled to defeat the proposed charter amendments.
Americans for Prosperity of Tennessee is planning a “get out the vote” phone banking and door knocking effort ahead of the July 27 election date.
So, will there be a
referendum election?
Election commission staff members are preparing for an election July 27, as the election commission has voted to place the 4 Good Government measures on a ballot for a referendum election on that day. Significant advance work is required to make an election happen, and Administrator of Elections Jeff Roberts says commission staff members are making those preparations.
Absentee ballot applications opened on May 11. So far, fewer than 30 people have requested absentee ballots, Roberts said. Applications are available on the election commission website.
Early voting for the July 27 referendum election is set to begin at 8 a.m. July 7.
What will be on the ballot?
Election commissioners will have to vote to adopt a proposed ballot, and it will need to get approval from state election officials. Because neither has yet happened, ballots have not been printed. Roberts says he expects the commission will be able to send out a sample ballot in the coming weeks.
The 4 Good Government charter amendments would prohibit the Metro Council from raising property tax rates by more than 3% in a year, eliminate lifetime benefits for elected officials, restrict how the council can transfer publicly owned land, reduce the number of voter signatures needed to recall a public official, require professional sports facilities like Nissan Stadium to become public property if a team leaves, and prohibit the council from undoing changes to the Metro Charter made by voter petition.