One day after Tennessee legislators threatened to withhold sales tax revenue funds from Memphis and Secretary of State Tre Hargett said his office would not approve a ballot that included a city referendum on gun control, the Shelby County Election Commission announced it would not add those questions to the Nov. 5 ballot. The Commercial Appeal reports that county Election Commissioner Mark Luttrell said State Coordinator of Elections Mark Goins instructed the commission to not allow the ballot referendums on the ballot. The Memphis City Council previously had approved three ballot questions on gun control that, if approved, would amend the city's charter. Luttrell said that litigation is anticipated, and election commissioners would not be allowed to answer questions related to the matter.

Several state leaders are threatening to withhold state sales tax revenue from Memphis and Shelby County if local officials proceed with a ballot referendum addressing gun-related issues, the Commercial Appeal reports. House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, issued a joint statement that the localities would pay a heavy financial penalty if the ballot measure goes through. Memphis is preparing to vote on measures that would impose stricter gun control within the city, which contradict state laws aimed at easing gun access and preventing local "red flag" laws, the article reports. In related news, Tennessee Secretary of State Tre Hargett says his office will not approve the Nov. 5 ballot for Shelby County if it includes a city referendum on gun-control measures, setting up a potential legal showdown with the Memphis City Council. The Daily Memphian has that story.

A new law took effect on July 1 that "requires, rather than authorizes" local law enforcement to report an individual’s immigration status to federal authorities when inputting individuals’ immigration status into databases shared with federal agencies. The Metro Nashville Police Department is opposed to the new measure, but others around the state may be less so, and given the broadness of the language, there could be considerable variation in how the measure is enforced, reports the Nashvile Banner. Chattanooga Sen. Todd Gardenhire, the only Republican to vote against the law, said he feared it could be interpreted to force school resource officers to report children to federal immigration officers.

Sen. Todd Gardenhire, R-Chattanooga, will appeal Chancellor I'Ashea Myles' ruling that the Covenant School shooter's writings are exempt from the Public Records Act and will not be released publicy. Gardenhire, who is chair of the Tennessee Senate’s Judiciary Committee, said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, according to the Tennessee Lookout. “This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “[I]f we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”

Oak Ridge Rep. John Ragan has officially challenged his loss to Rick Scarbrough, alleging that more than 1,000 Anderson County voters were illegitimate Republicans who crossed over to cast a ballot in a race he lost by 258 votes, The Tennesean reports. Ragan argues that state law makes it illegal to vote in a political party's primary without being a "bona fide" member of or affiliated with the political party. He says his challenge is based on the Republican Party's bylaws, which have created bona fide definitions for candidates. Scarbrough sent a letter to his future House colleagues asking lawmakers to encourage members of the state Republican Executive Committee not to allow the contest to go forward, saying he is confident in the election results.

A new state law will take effect Jan. 1, 2025, which will mandate that all alcohol servers licensed with the Tennessee Alcoholic Beverage Commission must receive training on the role of alcohol and drugs in sexual assault and best strategies to prevent drugging in establishments, reports the Tennessean. Servers also will be required to have more training on sexual assault, date rape drug awareness and human trafficking. Dozens of downtown bars have signed on to the Safe Bar TN program, a network of bars, restaurants and community organizations working together to prevent alcohol-involved sexual violence and create safe nightlife venues.

The Tennessee Attorney General’s office has filed a notice of appeal after a three-judge panel threw out a state law that would have required the Nashville Metro Council to be cut from 40 seats to 20, the Tennessean reports. The panel ruled 2-1 at the end of July that the law violated the Tennessee Constitution’s Home Rule Amendment, which protects local governments from legislation targeting them. The law had been under injunction since April 2023, allowing Nashville to proceed with its August 2023 Metro Council elections with its full governing body. Attorney General Jonathan Skrmetti released a statement today and provided a link to the filing.

In the Tennessee State Senate, 16 districts held primary elections yesterday. Highlights include two upsets: incumbent John Lundberg, R-Bristol, lost to challenger Bobby Harshbarger, R-Kingsport, in District 4, and Frank Niceley, R-Strawberry Plains, lost to challenger Jessie Seal, R-Claiborne County, in District 8. Harshbarger will face Independent Dalia Price of Rogersville in November; Seal will face Democrat R.E. Ellison of Seymour. In the Tennessee House of Representatives, 17 incumbents held off primary challengers; nine of them are unopposed in the general election. In District 4, Republican Renea Jones of Unicoi defeated Curt Alexander; in District 96, Gabby Salinas beat four other Democratic challengers. Both Jones and Salinas will be unopposed in November. In District 27, Republican Patsy Hazelwood lost her primary reelection bid to Michele Reneau, both of Signal Mountain. Reneau will face Democrat Kathy Lennon of Red Bank. District 33 Rep. John Ragan, R-Oak Ridge, also lost his reelection bid to challenger Rick Scarbrough of Clinton, who will face Anne Backus, D-Oak Ridge. Read more in-depth coverage here.

State Rep. G.A. Hardaway, D-Memphis, Memphis City Council member Pearl Walker and Shelby County District Attorney General Steve Mulroy are calling for a pilot program that would use real-time GPS monitoring to track repeat criminal offenders. The Daily Memphian reports that the group says that such a program could provide another option to jail or bail. “We know that we do not have time to waste,” Hardaway said at a press conference yesterday. “Every minute, someone’s life is at risk. This will take repeat offenders and put them where we can guide them.” The pilot would be an extension of a law that took effect July 1 and authorizes a magistrate to mandate a defendant wear a GPS monitor for certain domestic assault charges. Hardaway also said he plans to offer legislation to expand the law to other charges when the legislature convenes next year.

Memphis nonprofit Just City, along with the American Civil Liberties Union of Tennessee, has sued officials in Shelby County's criminal justice system over a state law that prevents judges from considering a defendant’s financial condition when setting bail. The groups allege that the new law, enacted in May, unconstitutionally subjects arrestees to "discriminatory wealth-based detention" in violation of due process and equal protection guarantees. The filing argues that not considering someone’s ability to pay bail will result in widespread pretrial detention of people who do not need to be detained for the safety of the community. Prior to enactment of the law, Shelby County officials required judges to use an "ability-to-pay calculator" to determine affordable bail. The suit, filed in federal district court, seeks an injunction to block the law, effectively reinstating the previous practice, the Commercial Appeal reports. Read more and access the filing from the ACLU.