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Bravo Rhode island. No pop votes in 2020 (Original Post) Laura PourMeADrink Jul 2018 OP
K&R Scurrilous Jul 2018 #1
watch trump's SC overturn this law before 2020 AlexSFCA Jul 2018 #2
I'm sure they'll challenge... Wounded Bear Jul 2018 #4
It seems to me that this is just another form of financial disclosure VMA131Marine Jul 2018 #5
U.S. Term Limits v. Thornton (514 US 779) 1995 would invalidate the law. former9thward Jul 2018 #7
Awesome manor321 Jul 2018 #3
In a winner-take-all system, we need some battleground states to do this. Garrett78 Jul 2018 #6
Gotta look at the composition of each state house Laura PourMeADrink Jul 2018 #8
Yeah, he's going to lose RI, CA and MD regardless. Garrett78 Jul 2018 #9
Yes...but he would get zero votes. Guess massive Laura PourMeADrink Jul 2018 #10
For sure, but we have this crazy system where the popular vote doesn't matter. Garrett78 Jul 2018 #11
Of course! Given. Just saying that if he is still Laura PourMeADrink Jul 2018 #12

Wounded Bear

(58,654 posts)
4. I'm sure they'll challenge...
Fri Jul 20, 2018, 03:33 PM
Jul 2018

I wonder if there is any precedent. This isn't in the Constitution, unless you argue that a state can't exceed the stipulations in Article 2, which are limited to age and citizenship. Might be an interesting fight.

VMA131Marine

(4,139 posts)
5. It seems to me that this is just another form of financial disclosure
Fri Jul 20, 2018, 03:43 PM
Jul 2018

that candidates are already required to do for the Federal Elections Commission although that isn't in the Constitution either. There is a danger that if this law gets struck down then candidates for Federal elections won't have to disclose anything that does not pertain to the minimal Constitutional requirements for office. This elimination of Federal control of elections is what Republicans have wanted for a long time.

former9thward

(32,006 posts)
7. U.S. Term Limits v. Thornton (514 US 779) 1995 would invalidate the law.
Fri Jul 20, 2018, 04:11 PM
Jul 2018

The Supreme Court in a 5-4 decision (by the court's liberals with Kennedy as a swing) decided states could not impose their own restrictions on ballot access over and above the Constitution.

The Constitution prohibits States from adopting Congressional qualifications in addition to those enumerated in the Constitution. A state congressional term limits amendment is unconstitutional if it has the likely effect of handicapping a class of candidates and "has the sole purpose of creating additional qualifications indirectly." Furthermore, "...allowing individual States to craft their own congressional qualifications would erode the structure designed by the Framers to form a 'more perfect Union.'"

They can have procedural barriers such as signatures and reasonable ballot fees but not substantial barriers. Tax returns affecting a candidate's privacy would be considered a substantial barrier.

Trump is not the only person who has refused tax return information. John Kerry and John McCain refused to show their wives' returns (which in both cases was the main source of the family wealth) when demanded. Romney and McCain only would show the first two pages of their own returns. Bernie Sanders would not show his returns.

 

Laura PourMeADrink

(42,770 posts)
8. Gotta look at the composition of each state house
Fri Jul 20, 2018, 04:48 PM
Jul 2018

Right? Would be a grand disparity in pop vote vs electors if it came to pass. If perchance he got zero in RI and others like CA

 

Laura PourMeADrink

(42,770 posts)
10. Yes...but he would get zero votes. Guess massive
Fri Jul 20, 2018, 05:01 PM
Jul 2018

Write in. Hey our luck...they can't read or write. Lol

Garrett78

(10,721 posts)
11. For sure, but we have this crazy system where the popular vote doesn't matter.
Fri Jul 20, 2018, 05:41 PM
Jul 2018

And where voters in small states have much more say than voters in large states.

 

Laura PourMeADrink

(42,770 posts)
12. Of course! Given. Just saying that if he is still
Fri Jul 20, 2018, 10:06 PM
Jul 2018

Around and he got zero popular votes from some states...would be a huge margin (overall, grand total)....way bigger than what Hillary beat him by. Like he would get zero votes (less write ins) from CA if they pass a law!!!

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