[EL] Qualifications to run for Senate

[Richard Winger]

Federal courts have upheld "resign to run" laws.  These decisions say those state laws are not preventing anyone from running for Congress.  It's just that if the individuals run, they must give up something of value.  So I guess a court would say the state of Florida is not preventing Rubio from running for re-election to the U.S. Senate.


 
Richard Winger
415-922-9779
PO Box 470296, San Francisco Ca 94147


________________________________
 From: "Scarberry, Mark" <Mark.Scarberry at pepperdine.edu>
To: "law-election at uci.edu" <law-election at uci.edu> 
Sent: Saturday, February 1, 2014 1:41 PM
Subject: [EL] Qualifications to run for Senate
 


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, 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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