Ortagus backers file suit to block residency legislation threatening end to her GOP House bid

Supporters of GOP congressional candidate Morgan Ortagus filed the suit on Thursday.

Published: April 1, 2022 11:25am

Updated: April 1, 2022 3:23pm

Supporters of Tennessee GOP House candidate Morgan Ortagus have filed a lawsuit  week challenging the state General Assembly's recently passed legislation that mandates a three-year residency requirements for candidates in federal primaries that threats to knock Ortagus out of the race. 

The state of Tennessee and Secretary of State Trey Hargett are names as defendants. The suit was filed in the U.S. District Court for the Middle District of Tennessee. 

The filling is in response to a bill that has not yet been signed into law, but would likely knock Ortagus off of the August 4 primary ballot, given that she has been a resident of Tennessee for barely a year and registered to vote there for just a few months.

The suit argues that the bill should not go into law because there are Tennesseans (the plaintiffs and presumably others) who want to vote for Ortagus in the forthcoming primary.

"Plaintiffs are ready, willing, and eager to vote for Ortagus in the Republican primary to be the party’s nominee for Congress in the 5th Congressional District," reads the suit.

The suit also reads: "If this provision is enforced and allowed to proceed, Ortagus would no longer be eligible to represent the 5th Congressional District and would be required to suspend her campaign, thereby robbing Plaintiffs of the opportunity to vote for their candidate of choice in the August 4, 2022 Republican primary ... The provision impermissably [sic] limits who plaintiffs can vote for based upon an unconstitutional requirement to serve as a Member of Congress."

If the measure is signed into law, it would likely also prohibit from running fellow GOP 5th district candidate Robby Starbuck, a former Californian who has been in the race for close to a year. 

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