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The Water Cooler
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<blockquote data-quote="donner" data-source="post: 3256674" data-attributes="member: 277"><p>this is certainly a moment where i miss Dave. </p><p></p><p>Frankly, i think it's hard to say what a court would say for sure. But, i'm guessing it'd look at if the rule was discriminatory in some way (i.e. did it unfairly target one group in some way). If it it applies equally across the board then it might stand since states have historically been able to set standards for ballot access. The instances where the feds have been involved, IIRC, have usually dealt with historic voting problems, generally centered around racial discrimination. </p><p></p><p>Would it be unconstitutional for a candidate seeking ballot access to have to provide a birth certificate to prove that they are US born? Of course, a birth certificate isn't a federal document, in the way a federal tax return is, but it would be the state setting terms for being on the ballot that would require the candidate to provide documents that extend beyond the boundaries of the state in question (potentially, assuming the person wasn't born in said state).</p></blockquote><p></p>
[QUOTE="donner, post: 3256674, member: 277"] this is certainly a moment where i miss Dave. Frankly, i think it's hard to say what a court would say for sure. But, i'm guessing it'd look at if the rule was discriminatory in some way (i.e. did it unfairly target one group in some way). If it it applies equally across the board then it might stand since states have historically been able to set standards for ballot access. The instances where the feds have been involved, IIRC, have usually dealt with historic voting problems, generally centered around racial discrimination. Would it be unconstitutional for a candidate seeking ballot access to have to provide a birth certificate to prove that they are US born? Of course, a birth certificate isn't a federal document, in the way a federal tax return is, but it would be the state setting terms for being on the ballot that would require the candidate to provide documents that extend beyond the boundaries of the state in question (potentially, assuming the person wasn't born in said state). [/QUOTE]
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