On March 18, the Arkansas Senate State Agencies & Governmental Affairs Committee passed SB 803 unanimously. Current Arkansas law says no one can run for two offices simultaneously in a primary. The bill would provide that someone can run for either President or Vice-President, and also run for Congress. The sponsor says he wants U.S. Senator Tom Cotton to have the freedom to run for President and for re-election to the Senate in 2020. Senator Cotton, who is a freshman U.S. Senator, has never said he intends to run for President in 2020.
Richard, Just wondering if there is any precedent for this. Do any states currently allow this? (Yeah, I know that Kentucky is monkeying with presidential caucuses on behalf of Rand Paul) If so, are such election laws required to be distinctive between federal and state laws? Do any states allow candidates to run for more than one state or local office? Also, I know that for U.S. Congress, the candidate does not have to reside in the district, so if this passes, could someone run for more than one House of Representatives seat? That would be strange.
The bill is strange. Yes, I think it would permit someone to run simultaneously for two US House races.
Many states allow people to run for President or Vice-President and some other office simultaneously. I don’t know why the Arkansas bill isn’t modeled on those laws.
There was a push by an organization in the 2000’s that was working to pass model legislation banning folks from running for two offices at the same time. States like Montana passed this model legislation. The group I think was out of Houston Texas. In 1998 Montana had a candidate run for US Congress and a local legislative seat.
The bill was amended in the senate, so the caption is misleading.
Under current statute, a party nominee whose name appears in lieu of names of presidential elector candidates may also run for another office.
Since the general election is already covered, the bill appears to address the question of a presidential preference primary held simultaneously with a primary. The original version just said that a person could be a candidate for two federal offices.
The amended version says that a person may be a candidate for president or vice president, and US Senator or US representative on a primary or general election ballot.
The provision with respect to the general election is superfluous. The provision with respect to the primary violates equal protection, since a candidate for dog catcher may not also be a candidate on the presidential preference ballot.
Jeff,
West Virginia permits legislators to also hold local public office.
The Texas Constitution severely restricts holding of two public offices, and of course the US Constitution forbids the President and Vice President, Senators and US Representatives from holding another public office.
The election statutes generally follow that by preventing a candidate appearing on the election ballot twice, since if they were elected to both, the state would have the expense of replacing them.
John Nance Garner was simultaneously elected Vice President and re-elected to the US House where he had been Speaker. It may be that his name was not on the presidential ballot, since at one time, the more common practice was to have the presidential elector names on the ballot.
In the 1950s Harry S Truman tried to steal Texas oil. As a result, Texas implemented con-fusion voting so voters could vote for Dwight Eisenhower for President, and Democratic(Republican) candidates for other other offices with a straight-ticket vote.
When con-fusion voting was repealed, there was a specific provision that prevented a candidate’s name appearing on the ballot.
Before the 1960 election, an exception was made so that LBJ could run for President and re-election to the senate at the same time. He ended up being elected to the US Senate and as Vice President. He resigned his senate seat, which triggered the memorable special election of John Tower to the senate.
The exception still exists. Lloyd Bentsen was re-elected to the senate in 1988, while being on the losing Dukakis-Bentsen ticket. He had also potentially been a candidate for both senator and president in 1976, but his presidential campaign had faltered. Phil Gramm in 1996 had also campaigned for both offices. Like Bentsen in 1976, his presidential campaign faltered early.
Jim, RE: “West Virginia permits legislators to also hold local public office.” I was not aware of that and will have to look into it. Needs corrected, IMO. Thanks.
See Section 6-13 of the WV Constitution. I don’t know what a “lucrative office” is, but that the provision specifies sheriff, constable, and clerk of the county court suggests that they are not “lucrative”, but disqualified for other reasons.
There was a senate election where there was controversy about the requirement of the two senators from a district to reside in different counties. As a side issue, there was a candidate who was a mayor of a town, who had originally said he would not run for re-election, but then later changed his mind. IIRC, this was in the Parkersburg/Wood County area.
I remember being surprised that someone could be mayor and legislator at the same time. I had the impression that this was common, but perhaps not.
Jim, thank you for telling us about the amendment. I revised the post.
WV Code 6-15. Senators and delegates not to hold civil office for profit.
No senator or delegate, during the term for which he shall have been elected, shall be elected or appointed to any civil office of profit under this state, which has been created, or the emoluments of which have been increased during such term, except offices to be filled by election by the people. Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected.
See the first item on Sen. David Nohe’s campaign Facebook page.
https://www.facebook.com/davidnoheforsenate
It appears that in West Virginia that a candidate may not be on the ballot twice, but Sen. Nohe had had been elected mayor in 2008, and senator in 2010. I recall that he had been considering running for re-election as mayor in 2012 but apparently did not. Nohe was re-elected to the senate in 2014.
http://www.newsandsentinel.com/page/content.detail/id/556907/Nohe-changes-mind-on-mayoral-bid.html?nav=5061
http://www.newsandsentinel.com/page/content.detail/id/557306/Nohe-leaves-race-for-mayor.html?nav=5066
Frank Deem, who Nohe had defeated in the senatorial primary, and who had attempted to run for the other senate seat in 2012, was elected to the House of Delegates in 2014.
See also this, but it is mostly incomprehensible.
http://www.ncsl.org/research/ethics/restrictions-on-holding-concurrent-office.aspx
Prez stuff —
Since 12th Amdt electors elect a Prez INDIRECTLY, then how can any moron State say anything about a JUNK Prez primary ???
— with or without a wannabee Prez person also running for some other office in the moron State involved.
Abolish the INSANE timebomb Electoral College.
—
P.R. and nonpartian App.V.
How many times do we have to remind the people, that there is no such thing in a Constitutional sense, a candidate for President or Vice-President. There are only candidates for Electors for President and Vice-President.
This is how in 1960, citizens of Arkansas got the States’ Rights ticket on their General Election ballot, with electors pledged to Governor Orval Faubus, even though Faubus publicly said he was not a candidate for President.
Despite this denial, Governor Faubus still received almost 30,000 votes for President from the voters whom he had told he was not a candidate for President.
We have a marvelous Constitution, but it also has some special tactics and privileges which most people do not know about. Thanks to our founding fathers for creating such a flexible instrument.