x
Breaking News
More () »

Here's what the Tennessee constitution says about filling a vacancy in the State General Assembly

“The county commissioners have the authority to bring him back and that’s what we want them to do,” Pam Green a District 86 voter said.

MEMPHIS, Tenn — There’s been uproar in Nashville and across the nation following the ousting of two Democratic state representatives. Justin Jones of Nashville and Memphis’ own, Justin J. Pearson were both expelled due to leading gun violence protests on the House floor.

Representative Gloria Johnson of Knoxville also faced expulsion but escaped the same fate by just a single vote.

Now, what’s next for Justin Pearson and District 86 is top of mind as the Shelby County Commission is expected to discuss and consider reappointing District 86 Rep. Justin Pearson to the Tennessee House at a special meeting on Wednesday, according to commission chairman Mickell Lowery.  

All eyes are on the Commission as they have the power to fill this vacancy

"I’m not surprised to see them to hold this space. I’m not surprised by the reaction," Shelby County Commissioner Britney Thornton said in reaction to Pearson’s and Jones’ ouster. "This has been going on for a while. This particular state legislature has always been either disconnected or hostile towards Shelby County. We make it seem like it’s been a healthy relationship."

The Shelby County Commission is expected to call a special meeting soon to decide whether to send Pearson back to Nashville or pick someone else to fill his house seat.

“The county commissioner has the authority to bring him back and that’s what we want them to do,” Pam Green, a District 86 voter, said.

According to the Constitution of the State of Tennessee, when there is a vacancy in the Tennessee General Assembly, there are two ways a vacancy can be filled. 

When twelve months or more remain before the next general election, a special election must be held within the allowable time frame set by law. 

If there are fewer than twelve months remaining before the next general election, members of the legislative body in the county (i.e., the Shelby County Commission in the case of Memphis) where the vacancy occurred must vote on a replacement.

Some on the Shelby County Commission have already signaled their support of sending Pearson right back to the State House.

"People have to understand that this is just the beggining," Thornton said. “I know for a fact that upon representative Pearson and Jones going back in, that they are just going to pick up where they left off with the work. You won’t get a more docile representative going in because of this particular backlash.” 

Though there may be hurdles as some on the commission believe Memphis could lose funding for some major projects if Pearson is re-appointed, commissioner Thornton says that should not deter them.

“It’s going to say a lot about who we presume our black elected to be,” Thornton said. “I’m just hopeful that my seven Black colleagues will vote in alignment, and I think that they will. I always say there’s a chance, but I always say we just kind of have to lobby and advocate and make sure that our will is known.” 

The Commission has a nine-member democratic supermajority and the Board of Commissioners will discuss and consider reappointing District 86 representative Justin Pearson to the Tennessee House at a special meeting on Wednesday, according to Commission chairman Mickell Lowery. 

Before You Leave, Check This Out