Tennessee Lt. Gov. Randy McNally Says Expulsion Restriction Rule Could Pose Problems

Senate sponsor not giving measure priority despite House passage.

Photo: Tennessee Lt. Gov. Randy McNally, R-Oak Ridge, says he has concerns about the constitutionality of a bill to ban expelled lawmakers from returning. Photo Credit: John Partipilo

By Sam Stockard [Tennessee Lookout -CC BY-NC-ND 4.0] –

Tennessee’s lieutenant governor believes a bill prohibiting local governments from returning expelled lawmakers to the Legislature could fail a constitutional challenge.

The measure passed the Republican-controlled House Monday on a party-line vote.

“While I am aware of the serious issues the bill attempts to solve, I may have concerns about the constitutional questions the legislation presents,” Lt. Gov. Randy McNally said in a statement responding to the Tennessee Lookout. “The bill has yet to be considered in a Senate committee so I have not yet witnessed any debate on the legislation. I personally would need to hear from the attorney general and other constitutional experts before I would be able to make a final determination on the bill.”

Despite those concerns, McNally isn’t planning to seek an attorney general’s opinion on the measure, which has not been scheduled for consideration in a Senate committee. The bill has to pass both chambers to reach the governor’s desk and become law.

The House passed the measure sponsored by Rep. Johnny Garrett, R-Goodlettsville in apparent reaction to the 2023 ouster of Democratic Reps. Justin J. Pearson of Memphis and Justin Jones of Nashville. The duo led an anti-gun violence rally on the House floor last March in the wake of the Covenant School shooting.

Less than a week after the ousters, the Metro Nashville Council and Shelby County Commission voted to reappoint Jones and Pearson to the vacant seats. They won special elections in August.

Garrett contended the bill is constitutional even though a House State Government Committee attorney told lawmakers last week the bill likely violates the Constitution. 

Staff attorney Matt Munday said the Constitution allows local legislative bodies to appoint qualified candidates to the Legislature, and those qualifications mainly involve age, residency and voter registration. He also pointed out lawmakers can’t be expelled twice for the same reason.

Munday said a constitutional amendment likely would be needed to make the change. Such a bill would have to pass two sessions of the General Assembly, the second time on a two-thirds vote, then passage in the ensuing gubernatorial election.

Sen. Ferrell Haile, a Gallatin Republican carrying the Senate version of the bill, said Tuesday he hasn’t looked into the constitutionality of the bill and isn’t making it a priority. Haile acknowledged he agrees with the bill’s “principle” but said he plans to talk to Garrett about the measure.

“If they get re-elected fine, but just appointed and coming back in, I think there’s a problem there,” Haile said.

Pearson and Rep. Jason Powell, D-Nashville, challenged the measure’s legality during House debate Monday, and Pearson also questioned removal of autonomy from local legislative bodies. Jones wasn’t allowed to join the discussion by House Speaker Cameron Sexton, after being reprimanded repeatedly for speaking out of turn on a bill targeting Pride flags.

Sexton, Rep. Joe Towns, D-Memphis, and Rep. Gary Hicks, R-Rogersville, abstained from Monday’s vote.

Hicks said Tuesday he is most concerned about removing the authority of local elected bodies, noting his main reason for seeking a House seat was to enable local governments to maintain their authority.

“Good, bad or indifferent, I just feel like the locals, that’s who they elected, and I think they should have the call on who they’re gonna send back,” Hicks said Tuesday. “… It’s kind of taking away that local control.”

Hicks also said the matter of constitutionality is a “fair question” to ask.

About the Author: Sam Stockard is a veteran Tennessee reporter and editor, having written for the Daily News Journal in Murfreesboro, where he served as lead editor when the paper won an award for being the state’s best Sunday newspaper two years in a row. He has led the Capitol Hill bureau for The Daily Memphian. His awards include Best Single Editorial from the Tennessee Press Association. Follow Stockard on Twitter @StockardSam