this post was submitted on 28 Aug 2023
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“I will be asking the attorney general’s office for their input,” Secretary of State David Scanlan told the Globe. “And ultimately whatever is decided is probably going to require some judicial input.”

A debate among constitutional scholars over former president Donald Trump’s eligibility for the 2024 presidential race has reverberated through the public consciousness in recent weeks and reached the ears of New Hampshire’s top election official.

Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that claims the Constitution empowers him to block Trump from the ballot.

Scanlan, a Republican, said he’s listening and will seek legal advice to ensure that his team thoroughly understands the arguments at play.

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[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (6 children)

I'm a complete layman when it comes to law so forgive me if this is an ignorant question, but would the official in question have to be actually convicted of insurrection/rebellion before this comes into effect? I assumed that's what they meant by "It's not self executing" because otherwise would it not just be up to each state officials individual discretion to exercise this? Thanks so much for the detailed breakdown, Preets podcasts have turned me into a bit of an uneducated legal nerd so this is all fascinating to me.

[–] WldFyre 3 points 1 year ago (3 children)

Unrelated, but is your name a psych reference??

[–] [email protected] 3 points 1 year ago (2 children)
[–] WldFyre 3 points 1 year ago (1 children)
[–] TheRealKuni 3 points 1 year ago

Don’t be exactly half of an 11-pound Black Forest ham.

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