Memphis School Board Sues to Reset 2026 Election

Legal Battle Over School Board Election Changes

Memphis-Shelby County Schools (MSCS) board members are engaged in a legal battle with the Shelby County Election Commission over changes to the 2026 election cycle. The dispute centers on the shortened terms of five board members, who have filed a lawsuit claiming that the modifications violate constitutional and state laws.

The lawsuit was submitted to Shelby County Chancery Court on December 15 by the five affected members: chair Natalie McKinney, Stephanie Love, Towanna Murphy, Tamarques Porter, and Sable Otey. The district board as a whole is also listed as a plaintiff. They argue that the changes to their terms are unconstitutional and contravene state code, calling the adjustments "legislative punishment masquerading as election reform."

A key point raised in the lawsuit is that all but one of the affected board members—Porter—voted to remove former Superintendent Marie Feagins in January. The lawsuit states that their terms were shortened by two years without any findings of misconduct, incompetence, or malfeasance, but solely because they exercised their authority to terminate an employee for documented cause.

The board is also seeking a preliminary injunction to prevent the election commission from holding the reset election, which is scheduled to begin with partisan primaries in May. In response, Linda Phillips, Administrator of Elections, expressed awareness of the lawsuit and disappointment in the school board’s decision to take legal action. She emphasized that the election commission ensures proper administration of elections but does not determine which elections appear on the ballot.

However, the board's lawsuit contends that the election commission bears responsibility for placing all nine school board seats on the 2026 ballot, rather than the county commission that approved the reset under a new state law. The state law allows local governing bodies to make such changes but does not require them.

After months of discussion about whether to restart the cycle in 2026 or 2030, the Shelby County Commission approved a final resolution in September. This resolution does not specify a start year but directs the changes to begin in the next election cycle. Commissioner Michael Whaley, who sponsored the resolution, reportedly hoped that the vague language would prevent potential lawsuits.

Supporters of the reset argue that aligning all board elections with other county elections could reduce administrative costs and increase voter turnout, which has historically been low for school board elections. However, the state law and commission decision occurred amid calls for greater accountability for the MSCS board following the ouster of Feagins.

Despite requests for comment, MSCS officials and affected board members did not respond. However, this fall, board members argued that the 2026 reset was a retaliatory move for the Feagins decision, which they claimed nullified local voters’ choices. Monday’s lawsuit alleges that the ouster was a targeted motivation for lawmakers.

In November, the board unanimously voted to hire a lawyer to assess the legality and constitutionality of placing all nine seats on the 2026 ballot. The lawsuit was filed just a week before school board candidates could formally submit petitions for 2026 candidacy ahead of the May party primaries.

This story has been updated to include information from the lawsuit.