[EL] Qualifications to run for Senate

[Derek Muller]

Mark, footnote 48 of *U.S. Term Limits* addresses resign-to-run statutes,
which have upheld the right of the state to condition running for
congressional office on resignation from a state office. Those cases turn
on the idea that the states are regulating the qualifications of their
state office (i.e., a candidate may only hold her office as long as she is
not a congressional candidate), and it is not itself a new qualification
under the Qualifications Clause.

The principle doesn't apply quite as cleanly on the presidential side, but
I think you're right that there's a substantially stronger case to be made
for the state legislature to regulate the "Manner" in which it "shall
appoint" electors (depending on how robust a view one has of cases
like *McPherson
v. Blacker*)--but, to my knowledge, nothing directly on point.

Derek


On Sat, Feb 1, 2014 at 1:41 PM, Scarberry, Mark <
Mark.Scarberry at pepperdine.edu> wrote:

> 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
>
> Sent from my iPad
>
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