The city charter for Kettering, Ohio, says that city council members must not hold any other public office. One of the members of the Kettering city council, Robert L. Scott, was an Ohio presidential elector. Now a taxpayer in Kettering is suggesting that Scott must resign from the city council, and the taxpayer hints that he will sue if Scott does not resign. See this press release. Thanks to Rick Hasen for the link.
Ballot Access News
Edited By Richard Winger
The Constitution states that “but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.” QUESTION: Does “Office of Trust or Profit under the United States” apply to elected state and local officials? A State Senator? A State Attorney General? If so, then at least two of West Virginia’s presidential electors would be ineligible.
Jeff, certain states have extended the eligibility criteria to also restrict state employees from serving. The constitution only limits federal employees, but each state on their own accord can expand said restrictions.
May the city of Kettering restrict persons from holding a state office, that other cities in Ohio do not?
Did Robert Scott hold an elective office, since he was appointed?
What is the rational basis for the Kettering law as applied to service as a presidential elector?