![]() īecause the people don’t directly elect a president, electors do the presidential candidate can be disqualified based on the state's authority over electors-(as those on the Nov ballot).īut does the U.S. Therefore- the state can decide if a presidential candidate is disqualified within that plenary authority so long as it doesn’t conflict with another constitutional provision. These powers are uncontroversial and well-explored in U.S. (2023 ): (setting qualifications for state office candidates). “States exercise these powers through “comprehensive and sometimes complex election codes,” regulating the registration and qualifications of voters, the selection and eligibility of candidates, and the voting process itself. The Court held that the state possesses plenary authority over electors, confirmed in SCOTUS 2020 ( Chiafalo vs. ![]() 1, and states retain the power to regulate their elections, Burdick, 504 U.S. Williams, Colorado Secretary of State, (which I was a party to) hinges on the fact that in their unanimous opinion in 2020, the court recognized that the states have broad authority to run presidential elections and therefore its electors. SCOTUS already decided and confirmed this in 2020 in our cases in front of the court.īLUF: The 2020 Chiafalo vs Washington and its sister case of Baca, Baca & Nemanich vs. What is at the heart of the Colorado Supreme Court Disqualification and SCOTUS in the upcoming oral and written arguments: Constitutionally, in the U.S., it is the states that administer the elections, not the Federal Government, and therefore, it is the states that elect the president. Trump’s candidacy is burnt toast now being decided by SCOTUS to be tossed into the garbage pale.
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