Tennessee State Capitol
The Tennessee General Assembly agreed Monday to ban newcomers from running for U.S. House and Senate — a move that, if agreed to by Republican Gov. Bill Lee, could eliminate Trump-backed congressional candidate Morgan Ortagus from contention in the state’s 5th Congressional District.
The state House succumbed to pressure from the Senate in negotiations over the measure. The Senate pushed a bill that would go into effect immediately, while the House preferred a version that would not have kicked in until after this year’s elections. But on Monday, the House agreed to support the Senate version, the Associated Press reported.
Lee now must decide whether to sign the legislation, though he has never vetoed a bill and Tennessee law gives the legislature relatively simple veto override authority.
Former President Trump, adored by many in Tennessee’s Republican ranks, surprised some when he endorsed Ortagus, a former U.S. State Department aide, in the 5th District, newly redrawn from a Nashville-centric Democratic stronghold into a GOP-leaning seat that includes parts of Davidson, Wilson and Williamson counties, plus more rural counties. The redistricting has drawn a swarm of Republican candidates to the race, and Democratic incumbent Rep. Jim Cooper of Nashville decided to retire rather than face a difficult reelection.
Ortagus moved to Nashville recently, and the new rules could benefit a number of home-grown candidates, namely former state House Speaker Beth Harwell (R-Nashville) and Maury County Mayor Andy Ogles. Both have touted their local ties in veiled — and not-so-veiled — shots at Ortagus. Sen. Frank Niceley (R-Strawberry Plains) sponsored the legislation in the Senate and is backing Harwell’s bid.
At least one other Republican candidate for the seat could be kicked off the ballot due to the legislation. Music video producer Robby Starbuck, who has been endorsed by Kentucky Sen. Rand Paul, is also a newcomer, having moved from California.
The AP notes that the constitutionality of the measure is in question, as the U.S. Constitution specifically lays out requirements for congressional candidates that do not include residency rules, other than that the candidate is an “inhabitant” of the state. Ortagus has said that she will respect the decision made by state lawmakers, while Starbuck has continued to hint at fighting back.
"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," Ortagus adds Tuesday via a spokesperson. "I continue to trust my fellow Tennesseans, the voters in the 5th District, to choose who will best represent them in Congress. Nashville is a warm and welcoming community that I am proud to be a part of, and am proud to raise my family here."
The new rules would mirror those established for state legislative candidates, who must have lived in Tennessee for three years and the county which they will represent for one year. Tennessee’s congressional primaries will be held in August. The candidate filing deadline is on April 7.
Punchbowl reported Tuesday that a new super PAC with unknown donors and a seven-figure war chest is planning to fund a lawsuit to overturn the bill.
