Comments on: Can Jesse Ventura legally run for Senate?

By: daveh

daveh — Wed, 02 Jul 2008 22:56:09 +0000

I'm surprised Professor Schulz though this was a questionable legal issue. Ventura has to meet these requirements according to the Secretary of State's candidacy guide: "Candidate must be living in Minnesota when elected, at least 30-years-old, and a U.S. citizen for at least nine years on January 3, 2009." Note the living in Minnesota _when elected_, not at the time of filing. These requirements are directly from the U.S. Constitution.

The courts have held that states cannot impose restrictions on candidates greater than those found in the Constitution. Thus a state may forbid felons from running for state office but cannot forbid them from running for Congressional offices. States cannot impose residency requirements beyond a candidate living in the state when elected. If a candidate is living in Minnesota on election day, that requirement is solved.

For more confirmation of this, I'd suggest looking for articles regarding Alan Keyes selection as the Republican Senate candidate in Illinois in 2004. Keyes lived in Maryland when nominated and had never lived in Illinois. There was a lot of press on how his lack of residency did not disqualify him because of the items I mentioned above.

By: nickcoleman

nickcoleman — Wed, 02 Jul 2008 11:36:06 +0000

Jesse Ventura owns a house (and a large one, at that) in Dellwood, Washington County.
It's the one with the big signs warning that you will be eaten by attack dogs.
Despite his bluster about Mexico, the Big Dude really lives here, I believe.
Any spec about his not being eligible for office in Minnesota can be filed under “Wishful Thinking.”

By: daveh

daveh — Wed, 30 Nov -0001 00:00:00 +0000

I’m surprised Professor Schulz though this was a questionable legal issue. Ventura has to meet these requirements according to the Secretary of State’s candidacy guide: “Candidate must be living in Minnesota when elected, at least 30-years-old, and a U.S. citizen for at least nine years on January 3, 2009.” Note the living in Minnesota _when elected_, not at the time of filing. These requirements are directly from the U.S. Constitution.

The courts have held that states cannot impose restrictions on candidates greater than those found in the Constitution. Thus a state may forbid felons from running for state office but cannot forbid them from running for Congressional offices. States cannot impose residency requirements beyond a candidate living in the state when elected. If a candidate is living in Minnesota on election day, that requirement is solved.

For more confirmation of this, I’d suggest looking for articles regarding Alan Keyes selection as the Republican Senate candidate in Illinois in 2004. Keyes lived in Maryland when nominated and had never lived in Illinois. There was a lot of press on how his lack of residency did not disqualify him because of the items I mentioned above.

By: nickcoleman

nickcoleman — Wed, 30 Nov -0001 00:00:00 +0000

Jesse Ventura owns a house (and a large one, at that) in Dellwood, Washington County.
It’s the one with the big signs warning that you will be eaten by attack dogs.
Despite his bluster about Mexico, the Big Dude really lives here, I believe.
Any spec about his not being eligible for office in Minnesota can be filed under “Wishful Thinking.”