On July 25, the Rhode Island State Board of Election Canvassers determined that Rocky De La Fuente should remain on the Republican primary ballot as a candidate for U.S. Senate. His ballot position was challenged by a voter, but the Board’s attorney expressed the opinion that the U.S. Constitution does not allow states to impose residency requirements for congressional candidates, because Article One only mentions the candidate’s residence on election day, and no one can know the future residence of anyone else. If he happened to win the Republican primary, it is conceivable he would then move his residence to Rhode Island. See this story. The primary is September 12.
Can Rocky jump into a Star Trek Transporter between the election results are done in little RI and midnight to have a residence in little RI on election day ???
Will the STT be able to find little RI —
ie NOT dump Rocky in the Atlantic Ocean ???!!!
@DR, Residency is s state of mind.
Rocky: I’ve never heard of the State of Mind, but I’ll but I’ll nevertheless file for governor or senator.
If De La Fuente is elected the U. S. Senate will judge his constitutional qualifications. The state need not concern itself and attempt to preempt the Senate.
@DFR,
If he were elected and the Senate determined that he was not qualified, there would be a vacancy and the state would have to hold a new election. The state has an interest in establishing that a candidate meets the age and citizenship qualifications.
A state could require that a candidate file in person, along with 50 of his supporters, and have the candidate provide his current residence, for inclusion in the voter’s pamphlet or ballot. The SOS may be required by federal statute to offer to register a candidate to vote, which also would require proof of current residence.
So De La Fuente could go to Rhode Island, but he would have to get 50 registered voters to appear with him at the SOS office, and provide his current domicile, whether it is San Diego or Orlando, etc.
Also 14-1.
What if the RI election results are NOT done until after election day ???
Where will Rocky be — Lost in his State of Mind ???
@DR,
When the precedent was set, the representative was living in Georgetown, D.C., and was elected in Maryland. He was building a house in Montgomery County, Maryland but could not occupy it because the plaster was drying (unsafe because of the fumes from the lime, particularly for his children. Further, he had lived in Maryland prior to being removed by creation of the district. Had he been representative prior to moving the government to Washington, it is possible that it would have been decided that residents of the district remained Maryland citizens.
After the House decided to keep the representative (the contest was a year into his term), he made a personal privilege speech, where he said that the substance behind the complaint had nothing to do with his residence, but was political. As an 18 year old, he had served in the British army during the US Revolution. He had been captured by the Spanish in Florida, and then paroled.
If RDLF is elected to the Senate, the decision whether he was a resident of Rhode Island would likely be based on which party has control of the Senate. If the Republicans maintain control, RDLF expressed his intent to establish domicile in Rhode Island by filing for office. If the Democrats take over, he lived in San Diego, or Orlando, or Sun Valley on election day.
Even more POSSIBLE lawless machinations by the Senate HACKS or what ???
TOTAL separation of Powers
— QUITE DANGEROUS ENOUGH FOR THE SENATE HACKS MAKING LAWS AND APPROVING TREATIES.
Wasn’t Alan Keyes allowed to run for Senate in Illinois against Barack Obama even though he was a resident of Maryland at the time?
Keyes moved to Illinois. Contemporary accounts noted that he had to move to Illinois before November 2, and in at least one interview Keyes said he would move to Illinois immediately, but it would take some time to find a home for his family.
RDLF is fairly wealthy. If nominated he might be able to afford a swankienda in Newport. In a question about running in Idaho, he noted that he liked to skin at Sun Valley. He apparently has an actual residence in Orlando which he used when running in Florida.