[EL] a coherent theory on qualifications versus procedures

[Richard Winger]

Bills to require presidential candidates to reveal their tax returns or be left off ballots are advancing in state legislatures around the country.  Everyone agrees that states can't add to the constitutional qualifications to run for federal office, but that states can have procedures.  But the line is fuzzy.
For this discussion, I believe that a procedure is something that is necessary for the state to administer the election.  That includes petitions or filing fees to show that the candidate has support.  Also courts in a few cases starting in 1980 have allowed states to require that candidates must have resigned from their previous state elective office in order to run for congress.  To me, that is still election-administration related, because it cuts down on the number of special elections that must be held.  If the would-be candidate is forced to resign his other elective office, in order to run for congress, the vacancy created by that resignation can be filled at the upcoming regular election.  But if the candidate is not forced to resign the state office, and wins for congress, then the state must hold a special election for the state office.
For over 100 years, courts (mostly state courts) have consistently ruled that states cannot bar these types of candidates from being on the ballot for federal office:   felons in prison, ex-felons, people who refuse to register to vote, people who refuse to sign a loyalty oath, people who don't live in the particular state they hope to represent, fugitives living in a foreign country, and people who have already served a certain number of terms in congress.
A candidate's failure to release copies of income tax returns is not related to election administration, so I don't think states can enforce these proposed laws.  I would enjoy hearing the opinions of others on this list about that.

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