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Sunday, October 24, 2021

Texas and Section 3 of the Fourteenth Amendment

I won't do any more of these posts after this one. Texas state law on presidential candidate eligibility is also written broadly and encompasses Section 3 if you assume that provision state an eligibility requirement for the White House. To wit:

(a) A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:

(1) the nominees possess the qualifications for those offices prescribed by federal law;

Federal law, of course, includes all federal constitutional provisions. My point here is simply to say that while many states do not currently have state authority that gives state officials the power to enforce Section 3, some do. And at least one that does (Rhode Island) is likely to execute that power in a way that will trigger litigation in two or three years. 

Posted by Gerard Magliocca on October 24, 2021 at 08:33 PM | Permalink


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