LogFAQs > #978729066

Geiki_Ganger posted...

Not really, finding of guilt is not required for 14th amendment purposes.

The main issue has always been whether a state can decide on behalf of the country who can go on a federal presidential ballot, given that the consequence has nationwide consequences.

That's not quite accurate thanks to the insanity of our presidential election process. Voting on election day for President you are not voting in a nationwide ballot, you are voting in a statewide election for the electors who will go on to vote for the President at the Electoral College meeting.

To this point, there is no such thing as a Federal presidential ballot, every hopeful candidate must meet the filings, requirements, and deadlines set out by each state in order to be on their ballot. R's & D's are large organizations and take care of this nationwide for them, but it is not unusual for 3rd party candidates to only appear on a portion of State ballots.

Given that State ballots are State business I honestly think a State could exclude anyone from the ballot for little to no reason. I don't believe there is a Right to run for President, so unless they violated some other Right by removing you it should be fair game.

Unfortunately this is the Republicans yet again testing the boundaries of a system that has been mostly held together by tradition instead enumeration. There really is no right answer here as no one ever really thought something like this could be an issue.