Republican lawmakers advanced a bill banning expelled lawmakers from returning to the legislature despite a legal opinion that such a move would be unconstitutional.
The House State Government Committee voted 14-5 along party lines Wednesday to move a bill by Rep. Johnny Garrett, R-Goodlettsville, even after the panel's legal counsel, Matt Munday, advised committee members the bill violates the state constitution.
Garrett led the Republican expulsion hearing last March of Democratic Reps. Justin J. Pearson, of Memphis, and Justin Jones, of Nashville, for violating decorum rules by leading a rally against gun violence on the House floor. House members narrowly kept Rep. Gloria Johnson, D-Knoxville, who is now running for U.S. Senate and for reelection to the House.
Asked for legal advice, Munday told the committee lawmakers can succeed themselves, according to the constitution, and can be candidates based mainly on age and residency qualifications.
"I think there is some question as to the constitutionality of this bill," Munday said.
Asked if the reinstatement of two Democratic lawmakers by local commissions last spring was constitutional, Garrett said, "I don't have any idea whether it was unconstitutional or not."
The attorney also pointed out legislators can't be expelled twice for the same offense. But Munday noted a court might have to be the final arbiter on the legislation.
The committee rushed to the Republican-dominated vote as Chair Kelly Keisling, R-Byrdstown, told panel members they were running out of time and would have to relinquish the meeting room.
Earlier, though, when asked by Democratic Rep. Darren Jernigan, of Old Hickory, whether he thought it was constitutional for Pearson and Jones to be returned last spring to their seats by local legislative bodies, Garrett said, "I don't have any idea whether it was unconstitutional or not. You'd have to ask the attorney general. ... This piece of legislation would be from now going forward."
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Garrett made the comment even after Jernigan read the portion of the constitution that allows expelled members to be returned by their local elected bodies.
Jernigan, who is set to leave his seat after taking a post with Metro Nashville, said he would assume it was constitutional since nobody filed lawsuits to unseat them. Pearson and Jones later won back their seats in special elections.
Garrett's bill would prohibit local legislative bodies from returning expelled members to the General Assembly, raising questions among Democrats about overstepping the legislature's authority.
Jernigan said the constitution contains nothing saying expelled members can't succeed themselves and that expulsion wouldn't stop them from running for reelection.
Garrett, though, argued that, "You succeed yourself only when you're elected. You don't succeed yourself when you're expelled. You get reappointed." He contended there is a "vast" difference in the constitutionality of the two.
In contrast, Democratic Rep. Jason Powell, of Nashville, said the reappointment of Jones and Pearson last year was constitutional.
"What's not constitutional is the bill that just passed, which has all kinds of problems, most of which is ... it truly lacks any due process" for the expelled member, district voters and the local legislative body, Powell said. "It's not surprising that it passed," he added, noting Garrett sponsored the resolution to expel Jones and Pearson and "held what was a complete sham of an expulsion hearing."
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