When Will Unified Board Elections Happen?

Memphis, Tn - Judge Samuel Hardy Mays set the Unified School Board election for this August, but as Fox 13 first reported, the race for seven seats is not on the election calendar.

"No, the election is not on the books right now," says Shelby County Election Administrator Richard Holden.

Holden says the filing window typically starts on January 6, allowing 90 days to file. But this unique school race, he says, is more complicated.

"Having not been a party in the lawsuit, we're not officially notified by the court as to where the district lines are and the details relative to those positions…we can't issue petitions for folks, until redistricting is completed."

But, County Commissioner Steve Mulory says different, "The seven Unified School Board Districts the County Commissioner drew, we drew using the latest census data. They ought to need adjustment between now and the August 2012 election."

Mulroy says redistricting is likely not an issue for the hold up. He says Judge Mays intentionally did not outline operational procedures, "If memory serves, his order says there will be an election in 2012 but doesn't specify any candidate qualifying deadlines, or any nitty gritty. That's up to the election commission."

But, Holden says the Election Commission wants to consult with attorneys now, so they don't make an error moving forward. He says that includes issues like whether candidates are required to live in their district at the filing date.

"It's easy to figure out what to do. Just do what (is) mandated to do by the current laws," says Del Gill with the Shelby County Democratic Party.

Gill says the Election Commission should follow typical election procedures. He argues the likely shortened window to file could hurt possible candidates.

"It puts everyone in a disadvantage, particularly those who don't have the money to wage an instantaneous, heavy weight campaign."

Holden says the five election commissioners plan to meet with the legal counsel on January 18th. Until then, the filing start date is up in the air.

Mulroy says there is "still time to figure this out and get it right."