• RestrictedAccount@lemmy.world
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      9 months ago

      Technically they will count.

      The issue is that he is ineligible to be president. The the same as if he was foreign born or under 35.

        • RestrictedAccount@lemmy.world
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          9 months ago

          It is a primary. A party can nominate whoever they want. It has no bearing on whether who they nominated actually is eligible to be sworn in.

        • Ook the Librarian@lemmy.world
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          9 months ago

          I think they mean the secretary of state may release a total of write-ins, but to my knowledge they make no effort to distinguish write-in names if there aren’t enough to swing it.

          So technically, they count write-ins. Just not in the winner’s column.

        • WalrusDragonOnABike@kbin.social
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          9 months ago

          Some 3rd parties have ran ineligible candidates. If they actually won, the electors wouldn’t actually cast their votes for them, but the votes are counted and tallied AFAIK. Given these are parties that make the Green Party and Libertarian parties look like first parties, they’ve just been ignored.
          For example: https://en.wikipedia.org/wiki/R%C3%B3ger_Calero

          Notably, Colorado is one of the states that wouldn’t let Calero on the ballot because he was ineligible.

      • AnarchistsForDemocracy@lemmy.world
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        9 months ago

        A lot of foreign born presidents, so I’m calling bullshit on this one!

        Many of the presidents were actually born in england…

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        /S

      • guacupado@lemmy.world
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        9 months ago

        Please do tell him. That’s one less vote for whoever the legitimate R candidate is.

    • Eatspancakes84@lemmy.world
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      9 months ago

      To be honest, I just don’t see how he can be disqualified without a conviction. Among others, it requires state courts to rule on out-of-state conduct. For instance, in the (admittedly unlikely) event that the jan 6th charges against T are dismissed, should he be allowed back on the ballot?

      • neptune@dmv.social
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        9 months ago

        Does Arnold Schwarzenegger need to be convicted of having been born in Europe?

        • Eatspancakes84@lemmy.world
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          9 months ago

          That’s a bit of apples to oranges. Nobody contests the fact that Schwarzenegger is born in Europe, while Trump’s case is literally pending in court.

            • Eatspancakes84@lemmy.world
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              9 months ago

              Ted Cruz was on the ballot for the primary election in 2016 across all states, so this doesn’t help your case. Remember that you are trying to make the argument that Trump should NOT be on the ballot (despite there being no conviction).

              • neptune@dmv.social
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                9 months ago

                Wind back the tape and Trump argued Ted Cruz should be off the ballot.

                My point is that there are some candidates where this has been contested! McCain suffered a similar lawsuit.

                This whole argument is dumb as neither of us are lawyers and 90% of people who are disagree with you.

                https://www.nbcnews.com/id/wbna26765398

      • TheSanSabaSongbird@lemdro.id
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        9 months ago

        The question you are trying to get at is whether or not section 3 is self-executing. The answer is that it’s not a settled matter.

        The consensus right now, as far as I can tell based on my media consumption, is that the SCOTUS will overturn the Colorado decision. The real question is how they will decide to do so.