[EL] Another Reason to Oppose the Nat'l Pop. Vote Compact

[Mark Scarberry]

I'm on record as opposing the NPVIC. The possibility that a state could exclude from the ballot a candidate for President who otherwise might win the national popular vote is an additional reason to oppose it.

Mark 
Mark S. Scarberry 
Pepperdine University School of Law
		_____________________________
From: Rick Hasen <rhasen at law.uci.edu>
Sent: Wednesday, January 4, 2017 8:32 AM
Subject: [EL] ELB News and Commentary 1/4/17
To: Election Law Listserv <law-election at uci.edu>

[snip]


 

“Blue-state lawmakers want to keep Trump off 2020 ballot unless he releases tax returns”

Posted on January 3, 2017 5:08 pm by Rick Hasen

WaPo reports.

The constitutionality of such requirements is uncertain.  The Supreme Court in US Term Limits v. Thornton and Cook v. Gralike prevented states from adding qualifications for congressional candidates through ballot access requirements.  If those cases applied here, it would be tough to argue that laws requiring presidential candidates to produce tax returns are constitutional as they would be adding to qualifications. However, those cases did not involve presidential elections, and perhaps state legislatures have much broader power under Article II.  I think it is an open question.

 



Posted in ballot access

 







	
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