[EL] Qualifications to run for Senate

[JBoppjr at aol.com]

Maybe because:
 
The US Supreme Court denied cert, even though the cert petition was  
supported by an amicus signed by a group of political scientists and  historians.

Jim Bopp
 
 
 
In a message dated 2/1/2014 6:50:05 P.M. Eastern Standard Time,  
richardwinger at yahoo.com writes:

The  problem, though, is that states control the qualifications for 
candidates for  presidential elector.  For example, the District of Columbia 
requires all  candidates for presidential elector to have lived in the district 
for three  years.  Some states require candidates for presidential elector to 
live  in the particular US House district they seek to represent, even 
though they  are elected statewide.  So Florida would presumably be able to 
exclude  candidates for presidential elector who say they are pledged to vote for 
Marco  Rubio.

The Michigan Libertarian Party and its presidential nominee,  Gary Johnson, 
argued in federal court in 2012 that the state could not exclude  the 
Libertarian presidential electors, because they were legally qualified and  they 
had a right to tell the world that they were pledged to vote for Gary  
Johnson if they were elected.  But neither the US District Court, nor the  Sixth 
Circuit, even engaged this argument in their decisions.  In fact,  the Sixth 
Circuit relegated the entire case to just one short paragraph on the  
merits.  The US Supreme Court denied cert, even though the cert petition  was 
supported by an amicus signed by a group of political scientists and  
historians.



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



 
  
____________________________________
 From:  Jon Roland <jon.roland at constitution.org>
To: law-election  <law-election at uci.edu>; "Conlawprof at lists.ucla.edu"  
<Conlawprof at lists.ucla.edu> 
Sent: Saturday, February 1, 2014 3:37  PM
Subject: Re: [EL]  Qualifications to run for Senate



The statute is clearly unconstitutional, because the voters vote for  
electors for president, not the candidate they might to pledged to vote for.  As 
such, the candidate for president, even though his name might appear on the  
ballot, is not actually the candidate, and his qualifications or lack 
thereof  do not apply at that point in the process. They would apply only at the 
point  the electors cast their ballots, and at the point the ballots are  
counted.

Now one could argue that the state may use any rule it wants  for whose 
names appear on the official ballot. The constitutional violation  would come 
if it did not permit write-ins or the counting of names not on the  ballot. 
Ballot access could also be attacked as a violation of equal  protection and 
an abuse of discretion.

In Texas this issue came up in  the election of LBJ, who was a candidate 
for both senator and vice-president.  Of course with his clout he was able to 
get on the ballot for both offices,  but at the time the above argument was 
made against excluding him.

On  02/01/2014 03:27 PM, Scarberry, Mark wrote:  
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.



-- 



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