By Nicole Erwin
http://stream.publicbroadcasting.net/production/mp3/wkno/local-wkno-850802.mp3
Memphis, TN – Eight days before the questioned resignation of Memphis Mayor Willie Herenton is scheduled to take place, the Shelby County Election Commission determined it was time to set the date for the Memphis mayoral special election. The Commission received a letter from City Attorney Elbert Jefferson declaring the City Council's resolution that on July 31 the office of the mayor will be vacant. After City Council Attorney Allen Wade advised the council to postpone the approval due to possible ramifications, including expensive special elections that may or may not occur and lawsuits, the Council voted to approve the vacancy anyway. Four of the members who voted have publicly announced their intentions to run for the declared vacant position, sparking interest from Mayor Herenton. Wednesday Herenton displayed his infamous letter writing tactics and wrote that any action taken by the Election Commission or Council at this time should be considered premature and quote, "any council member, having a potential benefit following a vote on the resolution declaring a vacancy in the Office of Mayor should have recused himself or herself."
"The timetable, as I understand it, is not impacted whether we take an action today or whether we take any action on July the 30th. But if we act today we are actually becoming a party in the part of the process to actually make the retirement take place and I don't think that is our role"
Commissioner Shep Wilburn moved to postpone the decision to set the date until after the 31st. That motion was seconded by Secretary Myra Stiles and later failed. Chairman Bill Giannini argued that the legislative body of the city had spoken and the Commission should abide. The council voted to move forward with the date of the special election which is now scheduled for Tuesday October 27th, with the contention that no election staff member will work until after the 31st, so not to spend money on an election that could be postponed or not occur at all.
The filing deadline is set for September 17th and the last day to withdraw is September 24th noon.