The Iowa Secretary of State's office has introduced a bill aimed at curbing challenges to former President Donald Trump's candidacy on 14th Amendment grounds for the upcoming 2024 general election, reported the Des Moines Register.
The move follows the former president's recent victories in Iowa and New Hampshire, positioning him as the front-runner for the Republican nomination, while the Republican National Committee moves to declare Trump the presumptive nominee.
Trump's candidacy has faced resistance in various states, such as Colorado and Maine, which have found that he should be removed from their states' primary ballots because Section 3 of the 14th Amendment prohibits individuals involved in "insurrection or rebellion" from holding office again. The U.S. Supreme Court has agreed to hear Trump's appeal regarding the Colorado challenge, with potential implications for other states where similar challenges are pending.
The bill, presented by Iowa's Republican secretary of state, Paul Pate, seeks to limit the grounds for challenging a presidential candidate in the general election, the Register reported. According to the proposed legislation, challenges would be restricted to ensuring that the certificate submitted by political parties meets all legal requirements.
Derek Muller, an election law professor at the University of Notre Dame Law School, believes the bill is designed to prevent challenges similar to those in Colorado and Maine. He stated, "It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution."
Currently, Iowa allows challenges to the eligibility of primary and general election candidates based on various grounds. The bill aims to standardize the process, providing a presumption of validity to candidates' paperwork while limiting objections to specific legal issues.
Ashley Hunt, a spokesperson for the secretary of state, asserted that the bill clarifies Iowa's objection process and underscores that Trump "met constitutional requirements" in 2015. She emphasized that Trump "has not been convicted of anything that disqualifies him to be president."
The U.S. Constitution establishes eligibility requirements for Congress and the presidency, Hunt said, adding that states lack the authority to place more requirements on federal candidates.
The proposed legislation not only impacts presidential candidates but extends its reach to federal candidates, including those running for Congress. Challenges to federal candidates would be limited to factors such as age, residency, citizenship, and compliance with legal requirements for nominating papers.
The bill also eliminates a requirement for federal candidates to attest awareness of disqualification for felony convictions. Hunt argued that eligibility requirements for federal office are dictated by the U.S. Constitution, and she said the bill aligns affidavits with those requirements.
Muller told the Register he views this provision as a technical cleanup, ensuring objections align with constitutional qualifications.
The pre-filed bill, available on the Iowa Legislature's website since Jan. 18, has yet to receive a bill number or committee assignment.
According to Iowa law, objections to candidates must be in writing and are adjudicated by a three-member State Objection Panel, consisting of the secretary of state, state auditor, and attorney general.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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