Shelby County clerk Wanda Halbert, fresh off a razor-thin loss in the Democratic primary for criminal court clerk, has taken her fight to court. Late last week, she sued the Shelby County Election Commission, claiming roughly 1,700 absentee ballots from the May 5 primary were never counted. Her complaint argues that the number would wipe out the certified margin in the race she narrowly lost and asks a judge to lock down ballots, tally sheets, and internal reconciliation records while the dispute plays out. The filing instantly turned one of this spring’s tightest local contests into a full-on legal battle.
The core of Halbert’s lawsuit
In a May 26 complaint, Halbert alleges about 1,700 absentee ballots were left out of the county’s official count and that the missing total "exceeds the certified margin by 1,574 votes," according to Local Memphis. Her suit asks the court to order a deep dive into the Election Commission’s reconciliation procedures and to preserve every piece of material tied to the May 5 primary while judges decide whether the alleged gap changes the certified outcome.
How tight the certified race really was
The Shelby County Election Commission certified the May 5 results on May 21. Certified totals show state Rep. Joe Towns Jr. with 19,341 votes and Halbert with 19,215, a 126-vote edge for Towns, as reported by Daily Memphian. The commission’s public calendar also shows it met that same day at its operations center to finalize results, where early and absentee numbers are reconciled with precinct paperwork, per the Shelby County Election Commission. Halbert’s attorneys argue that if even a fraction of the roughly 1,700 absentee ballots were omitted as alleged, the math could flip the margin and justify a judge stepping in.
What Halbert wants the court to do
Halbert’s filing asks judges to "order review of the election commission's reconciliation procedures and reconciliation of certified totals with records and tally materials" and to secure all ballots and related records, language quoted in reporting by Local Memphis. The complaint warns that the alleged uncounted absentee ballots could "place into question" the result of the primary, a line her lawyers use to push for immediate safeguards around the evidence.
A clerk already under the microscope
Halbert has served as Shelby County clerk since 2018 and is already entangled in a separate ouster effort that recent court rulings revived, keeping her office in a steady stream of headlines. Coverage of that ouster case and broader operational complaints in the clerk’s office has appeared on Action News 5 and in a detailed look at the clear path for ouster fight, which together provide the recent legal backdrop for Halbert’s new election challenge.
What happens next
The lawsuit is now part of the county court record, and Halbert is asking judges to preserve election materials while her claims are reviewed. The Election Commission runs a public portal with certified election documents and a posted meeting schedule, including the May 21 certification session that could become a focal point if a judge orders any kind of recount or reconciliation review, according to the Shelby County Election Commission. If the court directs evidence to be produced, lawyers for both campaigns and for the commission could end up walking a judge through tally sheets and reconciliation logs in a hearing that will determine whether the certified result stands or gets sent back to the counting table.
