• Eatspancakes84@lemmy.world
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    11 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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      11 months ago

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

      • Eatspancakes84@lemmy.world
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        11 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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            11 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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              11 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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      11 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.