• PriorityMotif@lemmy.world
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    9 months ago

    I believe that someone could sue in federal court, but the 14th amendment doesn’t state that he can’t run for office. It merely states that he can’t hold office. Of course if he wins the election then that will be a giant cluster fuck.

    • qantravon@lemmy.world
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      9 months ago

      If a person cannot hold an office, they are typically also disqualified from running for said office, for exactly that reason. What would you do if an ineligible person won the election? That would be utter chaos.

      • jj4211@lemmy.world
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        9 months ago

        Someone explained to me there is a procedure for an elected candidate who is ineligible actually wins the election.

        If for any reason the president cannot carry out the duties of the office, it falls to the vice president. So you’d have to just skip the president and swear in his running mate.

        It would still be utterly stupid, but surprisingly there is a process to handle the scenario.

    • Evilcoleslaw@lemmy.world
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      9 months ago

      They can’t really sue to disqualify him in federal court because Congress hasn’t defined any process to do so. They absolutely could if they wanted though. As of right now if I’m correct the only way to disqualify someone is if they’re convicted of rebellion or insurrection under 18 U.S.C. § 2383 as it specifically lists it as part of the punishment. Or Congress could potentially disqualify someone directly by name – it wouldn’t necessarily be an illegal bill of attainder because it carries no criminal penalty.