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But unless you establish that the person isn’t qualified, then it all becomes a game of simply declaring it and daring the other person to in essence prove you wrong. I can claim (as some on the right have) that Joe Biden has dementia and is thus unqualified. Except that without a medical diagnosis— in other words proof that the man has dementia — he’s still perfectly qualified. And absent two facts: that January 6 met the legal definition of insurrection (not what the media says, not what you and I believe, but the legal definition of insurrection), and secondly a conviction of one Donald J. Trump of instigating and materially aiding the insurrection in the first part. In other words, establish as per the rule of law and the American court system that there was an insurrection and that Trump actively and knowingly participated in it.
In the case of the civil war, they weren’t disqualifying random people on the basis of vague accusations. They either fought in a legitimate confederate army unit, or served in the confederate government, both of which were easily proven by the records of the CSA and the CSA army.
I don’t have a problem with that law as written. It’s a fine law, and I don’t want people who try to overthrow the government to later serve in that government. However, it is not and cannot be a simple matter of “somebody’s making a claim that this candidate is unqualified, therefore he can be summarily deprived of his rights to stand for election.” If that’s the standard, then nobody can say for certain they’re qualified until their political opponents weigh in on the issue in the form of deciding that this person is okay.
To be clear, the authors are not stating that state officials can just summarily decide. They're rather saying they can make initial determinations, which can be followed by judicial review as needed. (Although it looks like that's muddied a bit, since they think the proper procedure might vary state by state??)
Laws on who can be on the ballot do vary by state, especially for third parties. They have to have a given amount of support, and I think in some cases you can’t be a felon.
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