this post was submitted on 29 Dec 2023
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[–] Ep1cFac3pa1m@lemmy.world 29 points 2 years ago (6 children)

I’m all for disqualifying him from office, but when Colorado did, it was judges who made the call. A Democrat Secretary of State doing it is going to give ammunition to all the partisans who claim the whole thing is political. I’m not saying it’s right or wrong, only that it’s complicated.

[–] jordanlund@lemmy.world 54 points 2 years ago

I mean, that is the job of the Secretary of State office. They determine who or what is qualified for the ballot.

In my state, they kicked off one of the candidates for Governor in 2022 because he didn't meet residency requirements.

https://www.opb.org/article/2022/01/06/nicholas-nick-kristof-oregon-governor-candidate-qualification-ruling/

He sued, it went through the courts, surprise! He wasn't qualified due to residency requirements.

FTA:

"Among her reasons for deciding Kristof did not meet residency requirements, Scroggin cited his decision to vote as a New York resident in 2020 and his possession of a New York driver’s license in 2020. Both factors, she wrote, indicated Kristof “viewed New York as the place where you intended to permanently return when you were away.”

“In order to satisfy the three-year residency requirement, you must have been a resident in Oregon for the entire three-year period beginning in November 2019,” Scroggin wrote. “But the objective facts, including your decision to vote in New York, convincingly suggest that you resided in New York at least from November 2019 to December 2020.”"

[–] jjjalljs@ttrpg.network 28 points 2 years ago (1 children)

going to give ammunition to all the partisans who claim the whole thing is political.

Republicans are going to piss and moan and riot no matter what. We must not delay or suspend justice because we're afraid of what they might do.

[–] jj4211@lemmy.world 1 points 2 years ago* (last edited 2 years ago)

It is worth being strategic as we consider things.

GOP at least in Colorado has made it clear they will consider Trump no matter what, even if it means going to a private caucus. So these moves won't keep him out of primaries, but may prevent independents from participating in the Republican primaries.

So this would be valuable only with respect to the general election. Colorado and Maine aren't going to Trump anyway, so in those contexts it's worthless.

On the other hand, it feeds the persecution complex. It ends up provoking a "we'll show those Democrats by electing the guy they are trying to cheat out of his candidacy".

If you can pull it off in any vaguely Republican voting state, might be worth it. However signs point to that not happening, so it looks like a bag strategy.

[–] chillhelm@lemmy.world 27 points 2 years ago (1 children)

Presumably there is a way to challenge this decision in court. And tbh I like this way of handling it better. Trump does not meet the basic requirements of being a president, which are:

  • Must be over 35. ✔️
  • Must be born in the USA. ✔️
  • Must not be an insurrectionist. ❌

If a 32 year old was frontrunner to become the candidate for either party, you wouldn't expect a court proceeding to disqualify them. Same here.

[–] Schadrach@lemmy.sdf.org 1 points 2 years ago
  • Must not be an insurrectionist. ❌

The entire legal fight over this is going to be about who decides if that condition and what standard they have to follow to do so.

[–] TimLovesTech@badatbeing.social 24 points 2 years ago

Which makes it more important for the Supreme Court to rule one way or the other instead of stalling. He has legally been found to be an insurrectionist, so until the Supreme Court says otherwise, any state that doesn't allow traitors on ballots has a duty to the voters of their state to remove him.

[–] edgemaster72@lemmy.world 12 points 2 years ago* (last edited 2 years ago)

From the article:

Bellows, a Democrat, issued the decision Thursday after presiding over an administrative hearing earlier this month about Trump’s eligibility for office. A bipartisan group of former state lawmakers filed the challenge against Trump.

IANA political scientist, but I read that as a bipartisan challenge was made, a hearing was held, and the Sec of State sided with the challengers, deciding to remove Trump from the ballot. It doesn't appear to have just come out of nowhere or been initiated by her. That won't stop others from arguing against it in bad faith, but there was a process at least, and it seems it's within her duties to have made that decision. When it's challenged by Trump (and it will be), then it will be up to a judge or judges to uphold or overturn.

[–] BrerChicken@lemmy.world 4 points 2 years ago

There is going to be oversight on this decision as well, they're just following the process. The Trumpets have 5 days to appeal and I don't see why they wouldn't.