[EL] Qualifications to run for Senate

Scarberry, Mark Mark.Scarberry at pepperdine.edu
Sat Feb 1 13:41:45 PST 2014


Cross-posted to the conlawprof list:

According to this story, thehill.com/blogs/ballot-box/presidential-races/197176-gop-insiders-buying-stock-in-rubio-2016<http://thehill.com/blogs/ballot-box/presidential-races/197176-gop-insiders-buying-stock-in-rubio-2016>, Florida law doesn't permit Marco Rubio to run for President and Senate simultaneously. That's a lot like imposing an additional qualification on a candidate for Senate, which seems problematic under US Term Limits v. Thornton (1995). But maybe it's an exercise of the state legislature's plenary power to determine the manner by which the state appoints presidential electors.

I'm sure this issue has been dealt with, and someone can enlighten us (or perhaps just me, if I'm the only one in need of enlightenment), but I don't immediately recall any case law on it.

Mark

Mark Scarberry
Pepperdine University School of Law

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