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Nashville sends Justin Jones back to the Tennessee House days after GOP lawmakers ousted him

Cheney Orr Reuters

 (CNN) -- [Breaking news update, published at 5:41 p.m. ET]

The Nashville Metropolitan Council on Monday voted to reappoint Justin Jones to the Tennessee House of Representatives, sending the ousted lawmaker back to occupy the House District 52 seat as an interim representative.

The decision to return Jones to his seat -- vacated days ago when the GOP-dominated House voted to expel the state representative after he and two other Democrats called for gun reform on the chamber floor -- came after the council voted to suspend a procedural rule that prevents an individual from being nominated and appointed to the seat in the same meeting.

The vote to appoint Jones passed 36-0.

[Previous breaking news update, published at 5:38 p.m. ET]

The Nashville Metropolitan Council on Monday nominated Justin Jones to fill the empty District 52 seat in the Tennessee House of Representatives, days after the GOP-dominated House expelled him after he and two other Democrats called for gun reform on the chamber floor.

Council members still need to vote on the appointment, which will require a simple majority. That vote will follow the nomination Monday, after the council suspended a procedural rule preventing an interim successor from being nominated and appointed in the same meeting.

[Previous story, published at 3:16 p.m. ET]

Officials in Nashville on Monday afternoon are set to consider sending one of two expelled Democratic lawmakers back to the Tennessee House of Representatives as demonstrators are expected to gather at the state Capitol to protest their removal.

Reps. Justin Jones and Justin Pearson, who are both Black, were forced out of the legislature in a two-thirds majority vote cast by their Republican colleagues Thursday after participating in a gun control demonstration on the House floor days prior. Rep. Gloria Johnson, a White woman and Democrat who also participated in the demonstration, survived the vote and held on to her seat in the GOP-dominated chamber.

The Tennessee House will be back in session Monday, with an Appropriations Subcommittee meeting, a Government Operations Committee meeting and a House floor session on the schedule.

Less than a mile away, in the shadow of the Capitol, the Nashville Metropolitan Council will meet at 4:30 p.m. to discuss nominating and appointing Jones as the interim representative for his now-vacant House District 52 seat.

Tennessee law allows local legislative bodies to appoint interim House members to fill the seats of expelled lawmakers until an election is held.

The matter of the vacant seat is the only item on the agenda for Monday's special meeting, according to a copy obtained by CNN.

"I'm confident that we do have the votes to return him back to his seat," Council Member Kyonzte Toombs told CNN. But, she noted, if two council members vote against suspending a procedural rule to allow the nomination and appointment at the same meeting, the final vote to appoint Jones to the interim position could be delayed.

Council member Delishia Porterfield, whom Jones defeated in last year's Democratic primary for the District 52 seat, is expected to nominate Jones, Nashville Vice Mayor Jim Shulman told CNN on Monday, but the vote to appoint would be delayed for a month if the rule is not suspended.

"If two people object, we are back on the basic rule ... which says we have to wait four weeks. But, if we don't get that many objections, then we can suspend the rules ... and we can vote tonight," said Shulman. "And my guess is, if we do that, the council will vote to send Rep. Justin Jones right back to the Tennessee State House."

Tennessee's Speaker of the House Cameron Sexton indicated he would not stand in the way of the appointments if the local governing bodies choose to send Jones and Pearson back to the chamber.

"The two governing bodies will make the decision as to who they want to appoint to these seats," a spokesperson for the speaker's office told CNN Monday. "Those two individuals will be seated as representatives as the constitution requires."

Pearson's vacant District 86 seat will be addressed during a special meeting of the Shelby County Board of Commissioners in Memphis on Wednesday afternoon, Commission Chairman Mickell Lowery said.

"I believe the expulsion of State Representative Justin Pearson was conducted in a hasty manner without consideration of other corrective action methods," Lowery said in a statement.

'The world is watching Tennessee'

As the officials meet Monday, protesters are planning a day of action that includes a rally before the Metro Council meeting then a march to the state Capitol.

The expulsions and expected protest are part of the long-standing debate over the accessibility of guns in America, with this latest standoff spurred by the mass shooting last month at a Nashville Christian school that left six people dead, including three 9-year-old children.

In the wake of that shooting, Jones, Pearson and Johnson took to the state House floor to advocate for gun control, using a bullhorn to address their colleagues and protesters.

Republicans accused the trio of "knowingly and intentionally" bringing "disorder and dishonor to the House of Representatives" without being recognized to speak, CNN affiliate WSMV reported. Republicans then held a party-line vote Thursday to oust Jones and Pearson.

The expelled representatives called the expulsions undemocratic and racist.

"What happened was a travesty of democracy because they expelled the two youngest Black lawmakers, which is no coincidence from the Tennessee Legislature," Jones said Friday on "CNN This Morning." "Because we are outspoken, because we fight for our district."

Pearson, speaking at an Easter Sunday service at The Church of the River in Memphis, thanked the congregation and community for their support.

"The Republican-led supermajority of the Tennessee General Assembly sought to have a political lynching of three of its members because we spoke out of turn against the status quo of the government, after the tragic deaths of six people in the shooting at The Covenant School in Nashville," he said.

Attorneys for the ousted representatives -- among them former US Attorney General Eric Holder -- called their removals "unconstitutional" in a letter Monday to Sexton, saying, "Their partisan expulsion was extraordinary, illegal and without any historical or legal precedent."

The letter from Holder and attorney Scott J. Crosby -- who are representing Jones and Pearson, respectively -- urged the House to not "compound its errors by taking any further retributive actions."

"The world is watching Tennessee," the letter said. "Any partisan retributive action, such as the discriminatory treatment of elected officials, or threats or actions to withhold funding for government programs, would constitute further unconstitutional action that would require redress."

Special election will be held

According to the Tennessee Constitution, since the next general election is more than 12 months away, in November 2024, a special election will be held to fill the seats.

Tennessee law allows for the appointment of interim House members to fill the seats of expelled lawmakers until the special election is held.

No date has been set for a special election but state law provides a time frame for when the governor should schedule them.

A "writ of election" for "primary elections for nominations by statewide political parties to fill the vacancy" must be scheduled within 55 to 60 days, state code says. And a general election to fill the vacancy must be scheduled within 100 to 107 days.

It appears both Jones and Pearson qualify to run for their seats again in the special election.

According to Tennessee law, a state representative must be at least 21 years old, a US citizen, a resident of the state for at least three years and a resident of their county for one year preceding the election.

They must also be a qualified voter of the district, which requires a resident to be 18 years old and free of certain felony convictions.

Both Jones and Pearson meet those qualifications.

And while the state Constitution says members can be expelled for disorderly behavior with a two-thirds majority vote, they cannot be expelled "a second time for the same offense."

Biden rebukes rare expulsions

Expelling lawmakers is quite rare in Tennessee, and last week's vote from the state's Republican supermajority has drawn reactions from scores of high profile officials.

On Thursday, President Joe Biden called the expulsions "shocking, undemocratic and without precedent" while criticizing Republicans for not taking greater action on gun reform.

Vice President Kamala Harris traveled to Nashville on Friday to advocate for stricter gun control measures and highlight the importance of protecting Americans from gun violence. She also privately met with Jones, Pearson and Johnson.

"We understand when we took an oath to represent the people who elected us that we speak on behalf of them. It wasn't about the three of these leaders," Harris said in remarks after the meeting. "It was about who they were representing. It's about whose voices they were channeling. Understand that -- and is that not what a democracy allows?"

Jones said he and the other lawmakers had been blocked from speaking about gun violence on the House floor that week, saying that their microphones were cut off whenever they raised the topic, WSMV reported.

Following the three representatives' demonstrations last Thursday, Republican House Speaker Cameron Sexton called their actions "unacceptable" and argued that they broke "several rules of decorum and procedure on the House floor."

There have been two expulsions in the state House over the past 157 years. The last expulsion in the state House was in 2016, when a representative was expelled over allegations of sexual harassment. In 1980, a representative was expelled after a member was found guilty of accepting a bribe while in office.

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