Lawsuit Filed Against State Over Congressional Primary Residency Legislation
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The Tennessee Conservative [By Jason Vaughn] –
Shortly after Tennessee legislators passed a bill that would enact new residency requirements for candidates of the congressional primary, a federal lawsuit challenging the constitutionality of the legislation was filed by three Tennessee residents.
The lawsuit, filed by Barbra Collins, Amy Dudley, and Donald Sobery, names the State of Tennessee and Secretary of State Tre Hargett as defendants. Those individuals brought the lawsuit over a candidate for the 5th Congressional District.
The plaintiffs allege that the bill would “blatantly” violate the Constitution which currently has qualifications that are much less strict for those who want to run for the U.S. House of Representatives. If the new legislation is signed in to law, Morgan Ortagus, the “preferred” candidate of those individuals, would most likely be disqualified from running in the Republican Primary.
The bill was transferred to Governor Lee on Friday. Lee will have 10 days to either sign it, veto it, or allow it to become law without his signature.
The General Assembly began considering the residency requirement bill not long after former President Donald Trump gave an early endorsement to Ortagus, a commentator for Fox News. Trump offered high praise for the work she contributed to the State Department during his tenure as president.
The bill, which was passed in the House last Monday, would require that candidates be residents of the state for three years to qualify to run in a congressional primary election.
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While sponsors of the bill said that creating the legislation to apply to primary candidates would curtail issues of constitutionality, other lawmakers expressed their concern that it would be challenged.
“The legislature’s last minute attempt to restrict President Trump’s endorsed candidate from running for Congress clearly violates the U.S. Constitution and Supreme Court precedent,” said Charlie Spies, attorney for the plaintiffs. “We are confident that the Court will protect the voters of the Fifth District’s right to vote for the candidate of their choice without unconstitutional restrictions.”
Lawmakers never mentioned Ortagus specifically, but she was considered to be a primary target of the bill after she announced her candidacy only a year after moving from Washington, D.C. to Nashville.
Ortagus has no political history in Tennessee and was not widely recognized within the state when her campaign announcement was initially made. She also did not live in the 5th District at the time.
State records show that she has since relocated to District 5, although there is no requirement that candidates live in the district they are seeking to represent.
“No one questioned my residency when I served our country in the intelligence community, the Trump Administration, nor in the U.S. Navy Reserves, and President Trump certainly didn’t question my residency when he endorsed me for this seat,” said Ortagus. “I continue to trust my fellow Tennesseans, the voters in the 5th District, to choose who will best represent them in Congress.”
Secretary of State records show that more than a dozen Republican candidates have picked up qualifying petitions for the 5th District primary. The new district is made up of Lewis, Maury, and Marshall counties, as well as parts of Davidson, Williamson, and Wilson counties.
The deadline to file is April 7, only a few days before Lee’s deadline for making a decision on the legislation.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
I don’t like this bill. Its purpose is clear – protection of the incumbents. If the number of years of residency matters, I should be elected – I’ve lived here all my life. How about a Bill to list on the ballot how many years someone has lived here? We can vote for the person who has lived in TN the longest.
If Ortagus or Starbuck run as independents in the General election, they will split the vote and the Dem will win. Dems have held the 5th Congressional seat since 1885.
Thank you for your excellent publishing. I sent a letter to Gov. Lee to NOT SIGN.