Delaware House Passes Restriction on Candidacy

On June 21, the Delaware House of Representatives passed HB 61 by 35-5. It says that no one may appear on the ballot for any office unless he or she files an oath that his or her income taxes and property taxes are paid up (or that the candidate has received an extension). The oath must also say that the candidate is not delinquent in child support payments.

The bill does not exclude candidates for federal office. It is therefore unconstitutional, as applied to federal candidates, under the U.S. Supreme Court decision U.S. Term Limits v Thornton. That decision, issued in 1995, says states may not add to the qualifications listed in the U.S. Constitution. Even felons have a right to run for federal office while they are in prison.


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