NASHVILLE, Tenn. (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.