• RestrictedAccount@lemmy.world
      link
      fedilink
      arrow-up
      36
      arrow-down
      2
      ·
      11 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
          link
          fedilink
          arrow-up
          12
          arrow-down
          2
          ·
          11 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
          link
          fedilink
          arrow-up
          6
          ·
          11 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
          link
          fedilink
          arrow-up
          7
          arrow-down
          1
          ·
          edit-2
          11 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
        link
        fedilink
        arrow-up
        1
        arrow-down
        1
        ·
        edit-2
        11 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…

        .

        .

        .

        .

        .

        .

        /S

    • Eatspancakes84@lemmy.world
      link
      fedilink
      arrow-up
      3
      arrow-down
      4
      ·
      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?

      • lingh0e@sh.itjust.works
        link
        fedilink
        arrow-up
        8
        ·
        11 months ago

        Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary.

        • Eatspancakes84@lemmy.world
          link
          fedilink
          arrow-up
          2
          arrow-down
          3
          ·
          11 months ago

          Ok,but somebody has to make the determination that Trumps conduct is consistent with sedition. Just from a formal point of view I don’t see how a CO court can rule on this, when the action took place in DC.

            • Eatspancakes84@lemmy.world
              link
              fedilink
              arrow-up
              1
              arrow-down
              1
              ·
              11 months ago

              So a CO judge makes this determination even though the act occurred in DC, where the court has no jurisdiction? Democracy is so fucked if this stands.

              Again, if congress had convicted Trump, or a judge makes a ruling of seditious behavior within its own jurisdiction I am totally on board with striking him from the ballot. But this ruling just sounds flimsy to me.

              • lingh0e@sh.itjust.works
                link
                fedilink
                arrow-up
                2
                ·
                11 months ago

                So a CO judge makes this determination even though the act occurred in DC, where the court has no jurisdiction? Democracy is so fucked if this stands.

                Do you not understand how the constitution works?

      • neptune@dmv.social
        link
        fedilink
        English
        arrow-up
        4
        ·
        11 months ago

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

        • Eatspancakes84@lemmy.world
          link
          fedilink
          arrow-up
          3
          ·
          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
              link
              fedilink
              arrow-up
              1
              ·
              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
                link
                fedilink
                English
                arrow-up
                2
                ·
                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