NASHVILLE (AP) — Legislation that would create a residency requirement for most U.S. House and Senate hopefuls is unconstitutional and unfairly blocks a candidate endorsed by Donald Trump from appearing on the ballot, a federal lawsuit argues.
According to the 15-page complaint filed earlier this week, three Tennesseans argue the bill targets their "preferred" candidate, Morgan Ortagus, who is running as a Republican in the recently redrawn, open Nashville House district.
The GOP-controlled General Assembly passed the residency requirement on Monday, but Republican Gov. Bill Lee has not yet signed the measure into law.
Yet questions have swirled ever since the bill's introduction over whether it violates the U.S. Constitution, which only dictates that a congressional candidate be a citizen for at least seven years, at least 25 years old and an "inhabitant" of the state in which they want to be elected. The U.S. Supreme Court has previously determined that any requirement not explicitly outlined in the Constitution is out of bounds.
"Plaintiffs face imminent and irreparable injury in the near future if the provision becomes law, is enforced, and not declared unconstitutional, because the qualifying deadline for the upcoming primary election is April 7, 2022," the newly filed lawsuit stated.
The lawsuit names the state of Tennessee and Secretary of State Tre Hargett as defendants. Hargett's office did not immediately return an emailed request for comment on Friday.
Ortagus is a recent transplant both to the district and Tennessee. Ortagus was a U.S. State Department spokesperson during the Trump presidency.
In a guest column in The Tennessean last month, Ortagus wrote: "Whatever the outcome of this bill, I will continue to fight for my country, my state, and my community in any way that I can."
Supporters of the bill have argued that those who don't meet the new qualifications can run as independents in the primary election, which they say would sidestep any potential legal issues.
Under the bill that passed, U.S. House and Senate candidates would be required to meet the same criteria imposed on state legislative candidates, who must be Tennessee residents for at least three years and residents of the county they'll represent for at least one year "immediately preceding the election."
Nashville's House district opened up after Lee approved splitting fast-growing left-leaning Nashville into three congressional seats and longtime Democratic U.S. Rep. Jim Cooper announced he would retire rather than run for a seat that carved up Nashville. Republicans hope doing so will give them a greater opportunity to flip a previously held Democratic seat.
At least 15 Republicans have picked up petitions for the race, compared with four Democrats. The candidate filing deadline is April 7 and the primary election is on Aug. 4.