Image Credit: capitol.tn.gov
By Jon Styf [The Center Square] and The Tennessee Conservative Staff –
A bill that would put an additional residency requirement on candidates seeking congressional seats in Tennessee advanced Tuesday from a Senate committee, but its constitutionality was questioned.
Senate Bill 2616 would require a candidate to vote in the three previous statewide elections before running for a party’s nomination in a U.S. Senate or U.S. House race. Sen. Frank Niceley, R-Strawberry Plains, plans to amend the bill to change the rule to three years.
The bill was recommended for passage, 5-1, with the amendment by the Senate State and Local Government Committee and heads to the Senate Calendar Committee.
Senator Todd Gardenhire (R) voted No.
Senator Ed Jackson (R) voted Yes.
Senator Sara Kyle (D) voted Yes
Senator Bill Powers (R) voted Yes.
Senator Page Walley (R) voted Yes.
Senator Jeff Yarbro (D) voted Yes.
Senator Ken Yager (R) passed on voting.
Senators Brian Kelsey (R) and Richard Briggs (R) were absent for the vote.
Should the bill progress and eventually pass into law, it would disqualify District 5 Congressional candidates Robby Starbuck and Morgan Ortagus.
Sponsor of the Senate bill, Senator Frank Niceley, said, ““This bill is real simple. It’s the same rules as the Tennessee Senate and House of Representatives.”
The issue came to the forefront after former President Donald Trump-backed candidate Morgan Ortagus, the former spokesperson for the U.S. Department of State, and Robby Starbuck announced they were running for Tennessee’s newly drawn 5th Congressional District in the U.S. House. Current U.S. Rep. Jim Cooper, D-Nashville, has said he will not run for the seat.
Ortagus told The Tennessee Conservative, “I’ll leave state matters to the state legislature. I’m focused on earning the support of Fifth District Tennesseans who want a conservative fighter to defend President Trump’s agenda.”
When asked by Sen. Ken Yager, R-Kingston, whether the state can set rules for federal positions, committee attorney Josh Houston said there have been several attempts by states to enact requirements and all have been ruled unconstitutional.
“There have been cases like this before and they have all been ruled unconstitutional,” Houston said, citing a California attempt to require residency before an election that was rejected by a 5-4 U.S. Supreme Court ruling.
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Niceley said, however, his law pertained to primary elections, making it different. He also said the 10th Amendment gives Tennessee the right to enact the requirement.
“The Supreme Court today would rule in our favor,” Niceley said. “That’s why we put it in the primary. We aren’t stopping anyone from running.
“The word primary is not mentioned in the constitution.”
Houston was asked whether he thought the wording change would make a difference with the court.
“I am not sure what the effect would be to limit it,” Houston said. “That is up to someone different than me.”
Sen. Todd Gardenhire, R-Chattanooga, was the lone dissenting vote, saying he didn’t believe the Legislature should be making requirements for political parties on who should receive a party’s nomination.
Yager declined to vote but was marked as present.
About the Author: Jon Styf, The Center Square Staff Reporter – Jon Styf is an award-winning editor and reporter who has worked in Illinois, Texas, Wisconsin, Florida and Michigan in local newsrooms over the past 20 years, working for Shaw Media, Hearst and several other companies. Follow Jon on Twitter @JonStyf.
2 Responses
As I’ve posted before I have a problem with someone dropping in (Ortagus) at the last minute regardless of an endorsement by Trump. As to Starbuck, at least he has lived in TN for a couple of years and has some outstanding endorsements by real Conservatives. I would amend to residence of a minimum of one year.
What are they afraid of? Do they think the voters are that stupid. Let us decide in the primary. If you lived here for 100 years or 100 days candidates run on their ideas and ability. If you are here 3 voting terms you suddenly gain enlightenment. Sounds like RINOs protecting the good old boy network.