Morgan Ortagus Supporters File Federal Lawsuit Challenging General Assembly-Approved Three-Year Residency Requirement

Three Morgan Ortagus supporters filed a federal lawsuit late Thursday challenging the General Assembly-passed legislation that institutes a three-year residency requirement for federal candidates in primaries.

The state of Tennessee and Secretary of State Trey Hargett, in his official capacity, are named as defendants in the lawsuit.

Barbra Collins, Amy Dudley, and Donald Sobery filed the lawsuit in the U.S. District Court for the Middle District of Tennessee on Thursday.

The court filing stems from a bill that has yet to be transmitted to Governor Lee for his signature. Upon official receipt of the legislation, Lee will have 10 days to affix his signature, veto, or allow it to become law without his signature.

The deadline for candidates to file qualifying petitions is April 7. The Tennessee Secretary of State’s office previously told The Tennessee Star that August 4 primary ballots will be finalized by an April 21 deadline, which is likely after the legislation would become law.

One of the attorneys representing the plaintiffs is Charles R. Spies of Dickinson Wright PLLC, a former Romney staffer who was on the host committee for the Ortagus campaign’s D.C. fundraiser that was highlighted by Never Trumpers and RINOs. Spies’ wife, Lisa, was a prominent Never Trumper in 2016 and was the professional fundraiser for the event.

In the suit, the plaintiffs state that the legislation would prohibit them from voting for their favorite candidate, carpetbagger and D.C. insider, Morgan Ortagus. The complaint says, “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.”

Yes, Every Kid

The lawsuit further says, “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 suit alleges that if enacted into law, the new requirements would violate the Constitution. “The Provision impermissably [sic] limits who Plaintiffs can vote for based upon an unconstitutional requirement to serve as a Member of Congress.”

The prayer for relief in the filings asks the the court to declare that Ortagus can remain on the ballot, “Preclude Defendants from enforcing the Provision by removing Ortagus from the ballot in the August 7, 2022 primary”, and then declare the pending legislation unconstitutional. It also asks for the costs of attorneys’ fees.

This lawsuit comes the same day that the Ortagus campaign promoted an article rife with errors by the Wall Street Journal editorial board which blasted the pending legislation.

A few days earlier, The Tennessee Star reported that Jake Sherman of Punchbowl News and MSNBC wrote about a new federal Super PAC that was targeting the residency requirement bill and stated plans to fund a lawsuit. It is currently unclear if this is the same lawsuit that was referred to. However, the reporting did specifically mention Ortagus, and the timing appears to be part of a coordinated public relations effort.

The Star further reported that the Super PAC has possible connections to Morgan Ortagus.

Ortagus is not the only carpetbagger in the race. Under the legislation, New York native David Vitalli would be ineligible to run. California transplant Robby Starbuck would likely be off the ballot as well. Ortagus has been registered to vote in Tennessee for roughly four months. A Florida native, she spent many years living in New York City and Washington, D.C.

Read the lawsuit and exhibit:

[wonderplugin_pdf src=”https://tennesseestar.com/wp-content/uploads/2022/03/322-cv-00225_Complaint.pdf” width=”650%” height=”800px” style=”border:0;”]

[wonderplugin_pdf src=”https://tennesseestar.com/wp-content/uploads/2022/03/322-cv-00225_exhibit-1.pdf” width=”650%” height=”800px” style=”border:0;”]

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Aaron Gulbransen is a reporter at The Tennessee Star and The Star News Network. Email tips to [email protected]. Follow Aaron on GETTR, Twitter, and Parler.

 

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8 Thoughts to “Morgan Ortagus Supporters File Federal Lawsuit Challenging General Assembly-Approved Three-Year Residency Requirement”

  1. […] Star also previously reported that three Morgan Ortagus supporters preemptively filed a federal lawsuit challenging the General […]

  2. […] Star also reported that Morgan Ortagus supporters filed a federal lawsuit challenging the General Assembly-passed […]

  3. Tim Price

    She needs to pound sand!

  4. Phil K

    This woman is so eager to “represent” the people of this district that she can’t spare any time to get to know them. With this kind of eagerness, it’s hard to believe she has their best interests at heart.

    If she really wanted to convince these folks that she actually has their best interests at heart, she could simply spend the next three years participating in the civic and political life of the district, and then run for the seat without needing any lawsuits.

    She seems to think that she doesn’t need to know anything about the district, but the people of the district would probably like to know something about her.

  5. Dr Ken

    Morgan, this is one you cannot win and will actually end up further distancing you from the people. A three-year residency requirement is not unrealistic. You don’t know us; you simply flew in believing your connections would some how connect you with the voters. That you cannot see the problem suggests you also lack common sense and cannot truly represent the people of the district. An unsolicited word of advice, let it go, you cannot win. Don’t further distance yourself from the people.

  6. 83ragtop50

    Interesting. A federal lawsuit contesting the regulations a state adopts for controlling its own elections. I thought that the federal law specifically gives states that authority. But, of course, a silly thing such as a legal law never stopped a liberal from finding a friendly court in which to sue. She needs to go back to D.C. or New York where she belongs. I am tired of seeing her Botox lips.

  7. Kevin

    Wow, you mean ALL three of her supporters joined in the lawsuit! But did anybody check if these three actually live in Tennessee?

    I am however sort of surprised. Based on all of the media hype surrounding Ms. O, and the urgency at which legislation was written, filed, passed and signed into law, I would have expected this to be something like a class action lawsuit!

    The bottom-line, so now what, the taxpayers in Tennessee will have to spend money defending a lawsuit so that Morgan Ortagus can’t get three votes? And a few lawyers and political hacks can make a bunch of money. Nice!

  8. JRin

    I was born and raised in New York City and moved to Tennessee about 18 years ago. When the next Civil War breaks out, I’m fighting for the South. NO carpetbaggers allowed!

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