Can states block individuals barred from running in state elections from running in Federal election
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  Can states block individuals barred from running in state elections from running in Federal election
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Author Topic: Can states block individuals barred from running in state elections from running in Federal election  (Read 284 times)
NewYorkExpress
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« on: November 16, 2020, 03:52:56 AM »

So, my question is can a state, like Illinois which banned Rod Blagojevich from holding office in Illinois after his impeachment also ban that person from holding Federal office in that state, such as the House of Representatives or the U.S Senate?

If Blagojevich wanted to run for President in the future, would he be banned from appearing on the ballot in Illinois?
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jimrtex
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« Reply #1 on: November 16, 2020, 03:57:41 AM »

So, my question is can a state, like Illinois which banned Rod Blagojevich from holding office in Illinois after his impeachment also ban that person from holding Federal office in that state, such as the House of Representatives or the U.S Senate?

If Blagojevich wanted to run for President in the future, would he be banned from appearing on the ballot in Illinois?
No.

The US Constitution sets exclusive qualifications for federal offices.

At best, Congress could expel an elected member who did not attend sessions because he was in prison.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: November 16, 2020, 08:54:59 AM »

Arguably, it could ban such individuals for running for President, since States can set pretty much whatever rules they like for the selection of Electors.
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jimrtex
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« Reply #3 on: November 16, 2020, 09:27:54 AM »

Arguably, it could ban such individuals for running for President, since States can set pretty much whatever rules they like for the selection of Electors.
I think in the case of the presidential candidates you would getting into free speech and association issues. Nobody tried to keep Leonard Peltier off the ballot.
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