Missouri Democratic Party Refuses to Place Candidate on its Primary Ballot Because of a Past Felony Conviction

The Missouri Democratic Party has refused to place Herschel Young on its primary ballot as a candidate for U.S. House on the grounds that he was once convicted of a felony. See this story. The Missouri Democratic Party does not understand case law about congressional qualifications. The party says if he were elected, Congress would not seat him. This is incorrect.

The U.S. Supreme Court settled this issue in 1969 in Powell v McCormack, 395 U.S. 486. The U.S. House had refused to seat Adam Clayton Powell after he was re-elected in November 1966. The U.S. Supreme Court ruled 8-1 that Congress does not have the power to refuse to seat someone who was elected and who meets the Constitutional Qualifications. Congress may expel a member who has already been seated, but Congress has never expelled anyone for doing something before the election; the expulsion power has only been used to expel someone for something done after he or she was elected. Young’s felony conviction was in 1995, for assault.

New Mexico Republicans Sue Over Extra Public Funding

Recently, the Republican Party of Bernalillo County filed a federal lawsuit against part of New Mexico’s law that provides public funding for candidates for some state offices. The lawsuit challenges the part of the public funding law that gives extra public funding to publicly-funded candidates who have well-financed opponents. There is virtually no chance this lawsuit can fail, because the U.S. Supreme Court invalidated extra public funding for this kind of candidate last year in the Arizona Free Enterprise Club decision.