Tennessee Voters Sue to Overturn Duration of Residency Requirement for Congressional Candidates

On March 31, three Tennessee voters filed a federal lawsuit against the proposed Tennessee law to require candidates for congress to have lived in the state for three years. Collins v State of Tennessee, m.d., 3:22cv-225. The Governor has not even signed this bill yet, so the lawsuit seems premature. Here is the Complaint. The Complaint says the bill applies to primary candidates, and it does, but the sentence is misleading. It applies to all candidates for congress, whether they are running in a primary, or hoping to be nominated in a convention, or by petition as an independent candidate. Thanks to Thomas Jones for this news.


Comments

Tennessee Voters Sue to Overturn Duration of Residency Requirement for Congressional Candidates — 2 Comments

  1. @RW,

    The filing deadline is April 7, so at minimum there is a due process problem. If the governor doesn’t sign it the bill becomes law on April 9.

    I disagree with your interpretation of its application. The section of the code it is inserted in is specific to nominations by political parties. The sponsor claimed that it did not violate the US Constitution because it was estasblishing eligibility to be nominated and not to be elected.

    Even if the court says it is not ripe, as soon as it is signed or becomes law due to no action, it will be stayed.

    The law suit may be intended to get the governor to veto the bill.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.