FEC Drafts Opinions for Guyana-Born Man About Presidential Run

Roll Call ^ | Aug. 26, 2011 | Alex Knott

[SvenMagnussen]

The Federal Election Commission is showing signs that it might allow a Guyana-born American citizen to file papers and raise money to run for president of the United States.

The agency released two draft advisory opinions Friday that could permit New York lawyer Abdul Hassan to go through the initial steps to run for president. But the FEC’s pending decision won’t be the last word on the constitutional issue of whether someone born outside the United States can be president.

Hassan was born in the South American country in 1974, and he asked the FEC in July whether he could raise funds as a candidate for president.

The request put the FEC in the rare role of deciding a large constitutional issue that has only a few intersections with campaign finance law. The two commonly held constitutional requirements to run for president are that the candidate be 35 years or older and be a “natural born citizen.”

[Cboldt]

-- You may not assume the office, if elected, but file and run, sure. --

Then there is a separate issue of ballot access. The CA Sec. of State denied access to Eldridge Cleaver on grounds of constitutional ineligibility.

[Cboldt]

-- If a person is born of citizen parents outside of the United States, they are still a citizen at birth. --

The US State Department advises that the issue of constitutional eligibility to the presidency is an unsettled question of law, in those cases. They are correct, of course, as no court has ever decided that question.

[murron]

I think this could work in our favor. If this person is allowed to file to run as POTUS, then this will be challenged in court. I think the courts will give this one more attention than B0s and we may finally get a ruling from the SCOTUS.

[Georgia Girl 2]

This is all part of a large scale attempt to get around and do away with the natural born citizen requirement. Aided and abetted by the entire US Congress I’m sorry to say.

[cookcounty]

The Original Natural-Born Eligibility Controversy concerned the 1968 GOP primary campaign for President of George Romney, father of Mitt Romney. George Romney was born in Mexico of American citizen parents who were residents of Mexico. It caused quite a fuss at the time.

[LucyT]

. . . . Why is this up for discussion? What happened to our Constitution?

Check out article and comments # 1 through 25.

Thanks for the pings.

[Lazamataz]

. . Why is this up for discussion? What happened to our Constitution?

Because the FEC is not in the business of determining eligibility, even for obvious cases like this one.

[Smokin' Joe]

Wow, they aren’t even bothering to fake a birth certificate anymore.

Let one in office, and they all want to run...

[SoJoCo]

All the FEC does is regulate campaign finance. It does not vet candidate, approve candidates, or rule candidates are eligible or ineligible. So basically what they are saying is that if this guy wants to launch a campaign committee, and he doesn’t violate any laws on donations, then he’s free to do so.

[little jeremiah]

Coup d’etat ping.