Whose job is it to determine whether or not a candidate meets the constitutional test? FEC?
And when? After the election?
DNC? I think that is your answer.
As I've said before we will probably find out that there is "No controlling Legal Authority". Hey, it worked for Al Gore didn't it.
An interesting question. NObody's ever had to answer it before because nobody's ever had to ask. baraq is soooo special that way. Heck, you've gotta have a birth certificate just to be in kindergarten or Little League. But not to be President of the US? That is upside down!
If we had a free press, THEY'D be making a daily issue of it; but we don't, so they aren't; instead, they're splitting hairs about Sarah and Todd Palin's fishing licenses. Beam me up!
Nobody is tasked with that. There is no law requiring the candidates to show any documentation to any federal, state, or local agency.
“Whose job is it to determine whether or not a candidate meets the constitutional test?...”
It appears to be the responsibility of Congress - both the Senate and House of Representatives.
Go to this link for the following explanation:
Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress.
Federal legislation further details the process for counting electoral votes in Congress ..
The statute provides a mechanism for objections then to be registered and resolved: [e]very objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made . . . shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.
The Twentieth Amendment further provides, if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified
It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify.
My comment: this is not encouraging. Our way out of this mess may require that Republicans take back the House and the Senate.
The State, who pushes it onto the party heads in that state. The parties tell the state who is approved to go on the ballot.