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Monday, February 22, 2021

Courts and Qualifications for Elected Federal Positions

 

Walker v United States, 800 F.3d 720, 723–24 (6th Cir. 2020) (Roger, J.) (“Walker’s right to seek and hold public office has not been restored, because he was never deprived of that right to begin with. Neither Congress nor the states can add to the constitutional qualifications for holding federal elective office. Powell v. McCormack, 395 U.S. 486 (1969); U.S. Term Limits, Inc. v. Thornton, 514 U.S. (1995). Because the constitutional qualifications make no mention of convictions, under federal law, Walker could always run for and hold federal public office.” (emphasis added)); 

Gordon v. Secretary of State of N.J., 460 F. Supp. 1026, 1027 (D.N.J. 1978) (Biunno, J.) (“As a consequence, whether in jail or not, nothing prevented Gordon from seeking to gain the votes of enough electors to have been elected President of the United States . . . . Eugene V. Debs ran for President four times and was a candidate while in jail. Gordon was free to do the same.”); 

United State v. Richmond, 550 F. Supp. 605, 606 (E.D.N.Y. 1982) (Weinstein, C.J.) (holding that “plea agreement pertaining to resignation from Congress and withdrawal as a candidate for re-election are void.”); id. at 608 (“Just as Congress and the states are prohibited from interfering with the choice of the people for congressional office, federal prosecutors may not, directly or indirectly, subvert the people’s choice or deny them the opportunity to vote for any candidate.”); 

Seth Barrett Tillman, Courts and Qualifications for Elected Federal Positions, New Reform Club (Feb. 22, 2021, 8:54 AM), <https://reformclub.blogspot.com/2021/02/courts-and-qualifications-for-elected.html>; 



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