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PaperclipPerfector  1yr ago (text post)   27717 thread views

Culture War Roundup for the week of December 11, 2023

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How can it work? It’s clear a conviction wouldn’t remove him from the ballot, so electorally it wouldn’t work, and any loss from being arrested and being unable to campaign would likely be made up by the zealotry of his supporters and any number of GOP politicians (including the VP pick) being invited to campaign on his behalf.

It’s clear a conviction wouldn’t remove him from the ballot

How is that clear? The recently rejected suits were about a pre-conviction determination.

I’m going by the New York Times from last month:

The Constitution sets very few eligibility requirements for presidents. They must be at least 35 years old, be “natural born” citizens and have lived in the United States for at least 14 years.

There are no limitations based on character or criminal record. While some states prohibit felons from running for state and local office, these laws do not apply to federal offices.

The Republican and Democratic Parties have guaranteed spots on general-election ballots in every state, and the parties tell election officials whose name to put in their spot. States could, in theory, try to keep Mr. Trump off the ballot by passing legislation requiring a clean criminal record, but this would be on legally shaky ground.

“We let states set the time, place and manner” of elections, said Jessica Levinson, a professor at Loyola Law School who specializes in election law, “but I think the best reading of our Constitution is you don’t let the state add new substantive requirements.”

Is the New York Times wrong?

The Republican and Democratic Parties have guaranteed spots on general-election ballots in every state, and the parties tell election officials whose name to put in their spot.

And one or more states doesn't bother "passing legislation requiring a clean criminal record… on legally shaky ground," but just says "Trump's been convicted, so we're not putting him on the ballot; the Republican party can either submit a different name to go in their 'guaranteed spot' or else we leave it blank"? Sure, a court will probably rule that this is illegal and unconstitutional… eventually.(And who enforces that ruling, anyway?) But if you time it right, you can probably have that decision only come after the election, and then what? (Or, failing that, come well after ballots are printed and too close to election day to print new ones.)

The electors can elect whomever they want though, right -- so just throw a placeholder in there, mobilize the base (have rallys with him & Trump, etc to make the situation clear) and then the (Republican) electors throw their votes to Trump.

No, the faithless elector laws are enforceable.

Out of curiosity: in what manner? Are the votes valid, but you go to prison? Might still be worth it.

In 14 states, the votes are void.

Has this been tested federally though? It seems like it would be a case where Trump would be 100% justified in having an alternate slate presented to Congress. (not that that would help, but y'know -- at this point not much would)

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