On April 22, the Peace & Freedom Party filed its opening brief in the Ninth Circuit in Peace & Freedom Party v Bowen, 13-15085. The issue is whether the California Secretary of State exceeded her authority when she deleted Peta Lindsay’s name from the list of 2012 presidential primary candidates submitted to her by the Peace & Freedom Party. The Secretary of State did so because Lindsay didn’t meet the constitutional qualifications to be President.
The brief cites the Twentieth Amendment to the U.S. Constitution, which says that Congress shall determine whether presidential candidates are qualified at the time Congress counts the electoral votes. The brief also mentions that when John McCain’s qualifications were challenged (on the basis that he was born in Panama), the Secretary of State took the position that she cannot judge presidential qualifications. Finally, the brief points out that there is no California law authorizing the Secretary of State to review the constitutional qualifications of candidates whose party wants their names printed on its presidential primary ballot.
Qualifications for major legislative bodies (houses of Congress and State legislatures) are ruled on by the house involved — for history reasons – the EVIL old time rotted Brit monarchs trying to control who got elected to the Brit House of Commons before 1688.
OTHERWISE – it is the COURTS who rule on qualifications (i.e. executive/judicial) — see the old QUO WARRANTO cases — now one more Civil Action.
12th Amdt is ONLY about counting the E.C. votes by the gerrymander Congress — regardless of any perversions by the Congress about qualification stuff.
See also 20th Amdt, Sec. 3.
Related matter, of course –
who can challenge the qualifications of any alleged Elector-Voter ???
When ??? –
before voting
during voting
after voting (a bit late with secret ballots).
Or – has the ENTIRE election law regime gone NUTS ???