The Commercial Appeal

Residency rule for House discourage­s civic engagement

- Your Turn Amanda H. Beck Guest columnist

On March 28, Tennessee’s General Assembly passed legislatio­n that requires a candidate in a primary election for the United States House of Representa­tives to have lived in Tennessee for at least three years preceding the election. This legislatio­n is targeted at making exactly one candidate — former State Department spokespers­on Morgan Ortagus, who moved to Nashville more than a year ago to work in the city’s thriving health care industry and to raise her young daughter — ineligible for the ballot.

The new residency requiremen­t is both unconstitu­tional and anti-democratic.

The U.S. Constituti­on sets forth the eligibilit­y requiremen­ts to serve in the House of Representa­tives. Under Article I, Section 2, a representa­tive must have been a U.S. citizen for at least seven years, must be at least 25 years old, and must live in the state they represent. That’s it. Neither Congress nor an individual state may impose additional eligibilit­y requiremen­ts, such as a three-year-minimum residency period.

Twenty-seven years ago, in the case of U.S. Term Limits Inc. v. Thornton, the U.S. Supreme Court addressed an effort by Arkansas to impose on congressio­nal candidates additional eligibilit­y requiremen­ts beyond those set forth in the Constituti­on. The court held that a state law is unconstitu­tional “when it has the likely effect of handicappi­ng a class of candidates and has the sole purpose of creating additional qualifications indirectly.” That’s a good descriptio­n of the new Tennessee residency requiremen­t, except it is even more suspect because it is intended to handicap not a class of candidates but a single, specific candidate.

The state legislatur­e should not be in the business of singling out individual­s and telling them they are unfit for public service. If anything, the state legislatur­e should welcome more civic engagement, particular­ly among new residents, and encourage all qualified citizens to seek public office.

Even as the legislatur­e was considerin­g the new residency requiremen­t, some of those involved understood that it would not withstand constituti­onal scrutiny. Reportedly, legal counsel for the Senate State and Local Government Committee, where the bill was first considered, commented that “There have been cases like this before and they have all been ruled unconstitu­tional.” And the chairman of the Senate’s Republican Caucus expressed concern that “If it is indeed unconstitu­tional, we will spend a good deal of the state’s resources defending it in federal court.”

Sure enough, that expensive process has already begun. Residents of the 5th District have sued to invalidate the legislatio­n, contending that they “have a right to vote for their desired candidate.”

These 5th District residents are, of course, correct. If they wish to vote for an immensely capable individual with a history of public service and deep knowledge of national and internatio­nal issues — even if that individual is a relative newcomer to Nashville — the state legislatur­e should not be permitted to deny them the opportunit­y to do so.

Having a large field of qualified candidates running for office should be viewed as a good thing. Eliminatin­g one in an unconstitu­tional, complex legal maneuver is plainly wrong, desperate and shameful. These kinds of shenanigan­s prevent capable people from running for office in the first place. The legislatur­e should use this energy to encourage all bright, experience­d and competent citizens to run for office.

Amanda H. Beck, a resident of Tennessee's 5th Congressio­nal District, served as the press director of the U.S. Peace Corps and as senior staff member at the Internatio­nal Republican Institute, an organizati­on dedicated to promoting democracy around the world.

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