Presidential Eligibility Assurance Act

Model state language for “Presidential Eligibility Assurance Act”:

A BILL TO BE ENTITLED
AN ACT

To amend ___(insert Article)_____- of the Official Code of ______________, relating to elections, so as to enact the “Presidential Eligibility Assurance Act”; to state legislative intent; to define terms; to provide that no person shall be eligible for placement on any ballot as a candidate for President or Vice President unless the Secretary of State shall have received and approved adequate evidence of such person’s eligibility for election to such office; to provide what constitutes adequate evidence of eligibility and provide for the time and manner of presentation of such evidence; to provide for review by the Secretary of State; to authorize any elector of this state to challenge the qualifications of a candidate; to provide for the adoption of rules and regulations; to provide that it shall be a criminal offense for any presidential elector from this state to cast his or her electoral college vote for a candidate who is not approved by the Secretary of State as having submitted adequate evidence of eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF (“State”):

 

SECTION 1.

___(insert Article)_____- of the Official Code of ______________,, relating to elections, is amended by adding a new Code section to read as follows:

________”.

(a) This Code section shall be known and may be cited as the ‘Presidential Eligibility Assurance Act.’

(b) It is the intent of this Code section to ensure that in all elections and primaries held in this state no person shall be eligible for placement on any ballot as a candidate for President or Vice President unless the Secretary of State shall have received and approved adequate evidence of such person’s eligibility for election to such office; and such intent and the provisions of this Code section shall prevail over any conflicting provisions of any other law or regulation of this state.

(c) As used in this Code section, the term:

(1) ‘Eligibility requirements’ means the natural born citizenship, age, and residency requirements prescribed by Article II, Section 1 of the United States Constitution for eligibility for the office of President or Vice President of the United States.

(2) ‘Evidence of eligibility’ means an affidavit by a candidate stating that the candidate meets each of the eligibility requirements accompanied by and including:

(A) A certified exact copy of the candidate’s first original long-form birth certificate that includes the candidate’s date, time, and place of birth; the name of the specific hospital or other location at which the candidate was born; the attending physician at the candidate’s birth; the names of the candidate’s birth parents and their respective birthplaces and places of residence; and signatures of the witness or witnesses in attendance at the candidate’s birth. If the foregoing described certified exact copy of the candidate’s first original long-form birth certificate is not attached and the candidate’s affidavit indicates that a first original long-form birth certificate for the candidate does not exist, the candidate shall attach certified exact copies of other original documentation, including, but not limited to, the candidate’s birth records, adoption records, baptism records, Social Security records, medical records, school and college records, military records, and passport records showing, either individually or collectively, that the candidate meets the natural born citizenship, age, and residency requirements prescribed by Article II, Section 1 of the United States Constitution. The candidate shall not attach certified or other copies of nonoriginal documents or records;

(B) Recitations in the affidavit attesting that the candidate has never been a citizen of any country or nation other than the United States of America; that the candidate has never held dual or multiple citizenship; and that the candidate has never owed allegiance to any country or nation other than the United States of America; and

(C) Recitations in the affidavit that specifically identify the candidate’s places of residence in the United States for at least the preceding 14 years.

(d) When a state executive committee of a party notifies the Secretary of State of the names of the candidates of the party to appear on the presidential preference primary ballot as provided for in Code Section 21-2-193, such notification shall be accompanied by evidence of eligibility of the candidates.

(e) When a nomination petition of presidential electors for a candidate for President or Vice President is submitted to the Secretary of State as provided for in Code Sections 21-2-170 and 21-2-171, the nomination petition shall be accompanied by evidence of eligibility of the candidate.

(f) If any person becomes a candidate for election as President or Vice President at the general election without having previously submitted adequate evidence of eligibility under subsection (d) or (e) of this Code section, the Secretary of State shall require the production of adequate evidence of eligibility before placing such person’s name on any ballot.

(g) The Secretary of State shall review the evidence of eligibility submitted under subsection (d), (e), or (f) of this Code Section. The Secretary of State shall approve the evidence of eligibility as adequate or if the Secretary of State finds reasonable cause to believe that any candidate does not meet the natural born citizenship, age, and residency requirements prescribed by Article II, Section 1 of the United States Constitution, the Secretary of State shall not place such candidate’s name on the ballot in this state.

(h) Evidence of eligibility submitted to the Secretary of State under this Code section shall be a public document and shall be made available for public inspection and copying within one business day after it is filed with the Secretary of State.

(i) Within two weeks after any evidence of eligibility is filed with the Secretary of State, any elector of this state may challenge the eligibility of the candidate submitting the evidence of eligibility in the manner prescribed by Code Section 21-2-5.

(j) The State Election Board may promulgate rules and regulations for the implementation of this Code section in a manner consistent with the statement of intent in subsection (b) of this Code section.

(k) It is unlawful for any presidential elector from this state to cast his or her electoral college vote for a candidate who is not approved by the Secretary of State as having submitted adequate evidence of eligibility. Any person who violates this Code section shall upon conviction be guilty of a misdemeanor of a high and aggravated nature.

 

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

 

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