“I will be asking the attorney general’s office for their input,” Secretary of State David Scanlan told the Globe. “And ultimately whatever is decided is probably going to require some judicial input.”
A debate among constitutional scholars over former president Donald Trump’s eligibility for the 2024 presidential race has reverberated through the public consciousness in recent weeks and reached the ears of New Hampshire’s top election official.
Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that claims the Constitution empowers him to block Trump from the ballot.
Scanlan, a Republican, said he’s listening and will seek legal advice to ensure that his team thoroughly understands the arguments at play.
14A S3 does not require a conviction.
Bullshit. Otherwise you could just accuse your political rivals of crimes to prevent them from running.
You need to go back to internet lawyer school.
Can you show me which part of the 14th amendment, section three, requires a conviction of any kind?
Disqualification from office is not a criminal punishment.
Edit: Protip: The full text of 14A S3 is posted at the very beginning of this thread.
Can you show me in any part of the constitution where it says any civil punishment or penalty requires a conviction? Can a right wing DA accuse Hillary of the same crimes and remove her eligibility to office?
Not without a conviction.
District attorneys are probably not the people at the state level who determine ballot eligibility. Secretary of State would be likely, there are other election officials who could enforce constitutional law in this context.
People who are under 35 years of age are also disqualified from holding the office of President of the United States. Nobody needs to be “convicted” of being under the age of 35. If someone under the age of 35 meets all other prerequisites to run for president, they should not be allowed on the ballot, because it says so in the Constitution. No court case is required, no conviction is required, no accusation of any crime is required.
The same applies to people “who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Excellent work ignoring my question and retorting with a question that doesn’t even make any sense. In case you happened to miss it:
Edit: Oh wait, I think I see what you’re asking now. Are you asserting that disqualification is a civil penalty? It’s not. It’s not a penalty. There is no “right” to aspiring to or holding office.