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|-+  Presidential Elections - Analysis and Discussion
| |-+  Presidential Election Process (Moderator: muon2)
| | |-+  Constitutionally ineligible candidates
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Author Topic: Constitutionally ineligible candidates  (Read 1971 times)
kyc0705
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« on: September 26, 2017, 08:42:15 am »

We know the requirements — age, birthplace, residency, etc. — of a president. But what's never been clear to me is when this would kick in, i.e., when would a constitutionally ineligible presidential candidate run into a roadblock?

Let's say there's a candidate who does not meet at least one of the basic requirements laid out in the constitution. Somehow, this has been overlooked/not noticed by the electorate. They would presumably be able to win 270 electoral votes on Election Night, since that's effectively non-binding. Would they have to forfeit when the Electoral College met in December? Would Congress refuse to verify him or her when certifying the results of the EC vote? Or would it go all the way up to them simply not being able to take the oath of office on January 20?
« Last Edit: September 26, 2017, 08:46:35 am by kyc0705 »Logged
twenty42
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« Reply #1 on: September 26, 2017, 09:16:16 am »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?

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kyc0705
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« Reply #2 on: September 26, 2017, 09:28:58 am »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?



I've always taken it as 35 on inauguration day, but if the president-elect's birthday fell before January 20 but after the convening of the Electoral College... that could be a mess.
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twenty42
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« Reply #3 on: September 26, 2017, 09:52:47 am »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?



I've always taken it as 35 on inauguration day, but if the president-elect's birthday fell before January 20 but after the convening of the Electoral College... that could be a mess.

We should find somebody who was born on January 1, 1986 and have them test it out in 2020. Smiley
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MarkD
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« Reply #4 on: September 29, 2017, 10:49:18 pm »

We know the requirements — age, birthplace, residency, etc. — of a president. But what's never been clear to me is when this would kick in, i.e., when would a constitutionally ineligible presidential candidate run into a roadblock?

Let's say there's a candidate who does not meet at least one of the basic requirements laid out in the constitution. Somehow, this has been overlooked/not noticed by the electorate. They would presumably be able to win 270 electoral votes on Election Night, since that's effectively non-binding. Would they have to forfeit when the Electoral College met in December? Would Congress refuse to verify him or her when certifying the results of the EC vote? Or would it go all the way up to them simply not being able to take the oath of office on January 20?

The hypothetical example you give is impossible to take seriously because of the bolded part, in addition to the fact that the various Secretaries of State in each respective state (or whomever else is the designated top election official in each state) would surely notice that a candidate does not meet the constitutional qualifications and would refuse to place the ineligible candidate on the ballot.
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kyc0705
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« Reply #5 on: October 03, 2017, 09:14:36 am »

We know the requirements — age, birthplace, residency, etc. — of a president. But what's never been clear to me is when this would kick in, i.e., when would a constitutionally ineligible presidential candidate run into a roadblock?

Let's say there's a candidate who does not meet at least one of the basic requirements laid out in the constitution. Somehow, this has been overlooked/not noticed by the electorate. They would presumably be able to win 270 electoral votes on Election Night, since that's effectively non-binding. Would they have to forfeit when the Electoral College met in December? Would Congress refuse to verify him or her when certifying the results of the EC vote? Or would it go all the way up to them simply not being able to take the oath of office on January 20?

The hypothetical example you give is impossible to take seriously because of the bolded part, in addition to the fact that the various Secretaries of State in each respective state (or whomever else is the designated top election official in each state) would surely notice that a candidate does not meet the constitutional qualifications and would refuse to place the ineligible candidate on the ballot.

I'm not trying to build a scenario. That was just me trying to handwave away the fact that they wouldn't have been nominated to begin with. The question is when they would actually have to give up their status as president-elect.
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MB
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« Reply #6 on: October 04, 2017, 03:47:09 pm »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?


What about if the president elect was born on inauguration day, say January 20, 1986. If they were born after 12:00 PM, would they be eligible?
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« Reply #7 on: October 25, 2017, 02:06:26 pm »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?


What about if the president elect was born on inauguration day, say January 20, 1986. If they were born after 12:00 PM, would they be eligible?

What if they were born in at 12:01am January 21st local time, but in a timezone where it was still January 20th in DC?  Do you count your age from the timezone you're currently located in, or from the day you were born in your birth timezone?  Tongue
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« Reply #8 on: November 17, 2017, 10:02:32 pm »

A few Senators in their late 20s were elected in the 19th century (including Henry Clay), which apparently went unnoticed. Joe Biden was elected at age 29, but turned 30 before being sworn in.
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THE BuckeyeNut
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« Reply #9 on: November 18, 2017, 03:32:08 pm »

A few Senators in their late 20s were elected in the 19th century (including Henry Clay), which apparently went unnoticed. Joe Biden was elected at age 29, but turned 30 before being sworn in.

Rush Holt Sr. was a Democrat elected to the Senate in West Virginia at the age of 29, but wasn't sworn in until June when he turned 30.
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razze
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« Reply #10 on: November 18, 2017, 05:03:39 pm »

This is really interesting. What's to stop The People™ from just electing a 30-year-old illegal immigrant to the presidency? And if Congress fails to stop it, would the Supreme Court force them out of office? And what if this hypothetical President-elect had near-unanimous support from the electorate, would the SCOTUS still stop them? What if The People™ and The Bureaucracy™ just decided to ignore the Court's decision and continue acting as if this hypothetical person is the President? Reminds me of how Scipio Africanus became Consul of Rome in his 20s, far earlier than the mos maiorum (Rome's unofficial-official constitution) allowed, but everyone liked him so they all just went along with it.
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Ἅιδης
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« Reply #11 on: November 18, 2017, 06:09:40 pm »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?


What about if the president elect was born on inauguration day, say January 20, 1986. If they were born after 12:00 PM, would they be eligible?

What if they were born in at 12:01am January 21st local time, but in a timezone where it was still January 20th in DC?  Do you count your age from the timezone you're currently located in, or from the day you were born in your birth timezone?  Tongue

That reminds me of the discussion about the end of WWII.
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darklordoftech
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« Reply #12 on: November 20, 2017, 08:41:26 pm »

I also wonder if someone who renounces their citizenship, becomes a citizen again, and then lives in America for 35 years as a citizen would be eligible.
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Cynthia
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« Reply #13 on: January 13, 2018, 06:08:04 am »

I don't know anything presidentially but congressionally there was precedent.

Rush Holt Sr. was elected to the U.S. Senate when he was 29, constitutionally ineligible to become a Senator. Senate seated him two days after he became 30 and the seat was left vacant before then.
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Krago
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« Reply #14 on: January 30, 2018, 12:25:22 pm »

A candidate who turns 35 between Election Day and Inauguration Day would be an interesting case. Do you have to be 35 to get elected or 35 to be inaugurated? If the former, would you technically be elected on Election Night or on the day the Electoral College convenes?



I've always taken it as 35 on inauguration day, but if the president-elect's birthday fell before January 20 but after the convening of the Electoral College... that could be a mess.

We should find somebody who was born on January 1, 1986 and have them test it out in 2020. Smiley

Here's your guy:  https://en.wikipedia.org/wiki/Glen_Davis_(basketball)

The only problem is that his nickname is 'Big Baby', so it could cause confusion with the incumbent.
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