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Texas Bill Would Require Parties to Submit Proof that Presidential and Vice-Presidential Nominees Are Qualified

Published on January 26, 2013, by in General.

Texas Representative Bill Zedler (R-Arlington) has introduced HB 650. It requires political parties to submit proof that the party’s presidential and vice-presidential nominees meet the constitutional qualifications. It makes similar requirements for independent presidential and vice-presidential candidates, and even for declared write-in candidates for the same offices.

The bill requires a party to obtain signed statements from its nominees, giving authority for the Texas Secretary of State to obtain copies of birth certificates from the original issuing authority. It does not require the party nominees themselves to furnish birth certificates. It gives the Secretary of State the authority to examine the birth records and reject a filing if the Secretary of State does not believe the documents are valid. The bill would have no effect on presidential primary ballot access. Thanks to Bill Van Allen for this news.

5 Responses

  1. kjTX

    Richard, thank you for reporting this VERY accurately! Well-written! I wish all of the other bloggers were as educated on this issue as you are!

  2. natural born citizen party

    the same court now has Strunk’s nbc case USCA-DCC 13-5005-OP regarding same constitution and similar original intent and language backed issues exponetially greater fallout including SCOTUS appointments since 2008.

    http://www.scribd.com/doc/117739292/CONFORMED-USCA-DC-Circuit-Petition-for-Writ-of-Mandamus-for-Relief-2013-5005-OP-w-Application-for-fee-relief-UPDATE-thru-01-10-13

    also in todays news Obama loses recess appointment case USCA-DCC

    http://www.pbs.org/newshour/bb/politics/jan-june13/nlrb_01-25.html

    STEVEN GREENHOUSE: Absolutely. Some people pointed out that many federal judges are sitting on the bench now thanks to their recess appointments. And as a result of today’s ruling by this three-judge panel of the federal appeals court in the District of Columbia, those judges’ appointments could be nullified.

    And there are prisoners sitting in prison nowadays thinking, wait, this is good news. Maybe my conviction, maybe my sentencing can be overturned because the judge who ordered my sentence was a recess appointment.

  3. Jim Riley

    As I understand it, all presidential candidates would be required to file an application for place on the ballot, which would include the candidate’s authorization to obtain the candidate’s certified birth certificate.

    Party candidates would file this application with the party, and the state party chair would submit a copy of the application to the Secretary of State.

    Independent candidates would include the application when they filed with the Secretary of State.

    The new section, Election Code 192.0301 precedes both 192.031 (party candidates) and 192.032 (independent candidates). Declared write-in candidates in Texas, are not that different than independent candidates, other than how they qualify to have votes for them counted, and how a voter cast a vote for the candidate.

    In Texas, the parties determine which candidates qualify for their presidential primary ballot. The Democrats kept Dennis Kucinich off the ballot in 2008 because he refused to sign a loyalty oath.

  4. kjTX

    Jim Riley, you said:
    “As I understand it, all presidential candidates would be required to file an application for place on the ballot, which would include the candidate’s authorization to obtain the candidate’s certified birth certificate.”

    You’re partly correct. This bill introduces a new ‘application for place on ballot’ for the GENERAL election. The authorization on this new application would authorize (give pre-approval to) the Sect’y of State to obtain the document. If the candidate refuses this authorization, then their name would not be printed on the GENERAL election ballot.

    You also said:
    “In Texas, the parties determine which candidates qualify for their presidential primary ballot. The Democrats kept Dennis Kucinich off the ballot in 2008 because he refused to sign a loyalty oath.”

    This bill has nothing to do with the PRIMARY election process, or the applications for access onto that ballot. In the case of primary elections (with this new bill), the candidates fill out a similar application (or whatever the party requires), but they only submit it to their party chair. And in doing so, the candidate has to meet any of that party’s “additional” requirements for ballot access, such as an oath of loyalty to the eventual nominee for that party.

  5. Jim Riley

    #4 The original article said that the bill did not apply to the presidential primary. I was explaining why it did not.

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