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A Candidate Eligibility Oath [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2023-09-06

Here is a DRAFT memorandum that responsible citizens should consider forwarding to their Secretary of State. The memorandum proposes all candidates for federal office provide a signed affidavit to every Secretary of State affirming they are qualified to hold office. The Candidate Eligibility Oath would redress widespread concern that faulty public process may allow betrayers to infiltrate the US government.

___________________________________________________________________________________

Memorandum (DRAFT)

To: (Secretary of State’s Name) Date:___________________

Secretary of State

Office Address

State Capital City, State, Postal Code

From: Citizen’s Name,

Citizens Address

Re: Candidate Oath of Eligibility for Public Office

The Constitution of the United States sets forth the requirements a person must meet to hold elected federal office. In addition to age, citizenship and residency, the Constitution’s 14th Amendment imposes another requirement on a ll federal office seekers.

Constitution of the United States

14th Amendment, 3rd Clause

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House,remove such disability.

Recently questions have arisen concerning the applicability of the above cited clause with regard to January 6th’s insurrectionists. As was amply demonstrated by President Obama’s “birther”controversy, a candidate for federal office must prove he/she is qualified for office. Pragmatic public policy requires every candidate to prove, before the election, their eligibility to hold office. A notarized oath, signed by the candidate under penalty of perjury, stating he/she meets the constitutional requirements for office initiates this proof. Below are examples of possible Candidate Eligibility Oaths.

After a Candidate Eligibility Oath is submitted, the State should notify the public of the candidate’s request to be placed on the ballot. A 90 day public comment period, subsequent to the notice, would permit registered voters to present evidence contravening the candidate’s oath. Based upon the evidence received, the Secretary of State may allow, disallow, or submit the candidacy to the State’s Supreme Court for a declarative finding.

Every Secretary of State has the duty to insure the ballot’s candidates are eligible to hold office. A Candidate Eligibility Oath, duly examined by the State’s voters, assures every candidate on the ballot meets the Constitution’s requirements. The candidate requests the public’s trust; therefore it is the candidate who bears the burden for proving he/she is qualified and worthy. A Candidate Eligibility Oath is a necessary step to insure election integrity.

Examples of a Candidate Eligibility Oath for Federal Office

For President and Vice-President

I, (Candidate’s full name) hereby swear, under penalty of perjury that I am a natural born citizen of the United States, I am older than 35 years of age, and I have resided in the United States for 14 years. I further swear that after previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, I have never engaged in insurrection or rebellion against the same nor given aid or comfort to the enemies thereof.

Candidate’s Signature:_______________________________________________________________

Printed Name:________________________________________________Date filed: ____________

Affix: birth certificate, proof of residency, and notary seal.

For Senator

I , (Candidate’s full name) hereby swear, under penalty of perjury, that I have been a citizen of the United States for the previous nine years,that I am older than 30 years of age, that I am an inhabitant of the State of (insert State) at the present time. I further swear that after previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, I have never engaged in insurrection or rebellion against the same nor given aid or comfort to the enemies thereof.

Candidate’s Signature:____________________________________________________________

Printed Name:______________________________________________Date filed: ___________

Affix: birth or naturalization certificate, proof of residency, and notary seal.

For Representative

I , (Candidate’s full name) hereby swear, under penalty of perjury, that I have been a citizen of the United States for the previous seven years, that I am older than 25 years of age, that I am an inhabitant of the State of (insert State) at the present time. I further swear that after previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, I have never engaged in insurrection or rebellion against the same nor given aid or comfort to the enemies thereof.

Candidate’s Signature:______________________________________________________________

Printed Name:________________________________________________Date filed: ____________

Affix: birth or naturalization certificate, proof of residency and notary seal.

___________________________________________________________________________________

The events surrounding the 2020 Presidential Election cause legitimate fear that United States government is infiltrated by betrayers or will be infiltrated by betrayers in the future. A simple summary of these events is:

On December 17th 2020, all the States ascertained the electoral votes determining Joseph R. Biden as the 46th President Elect of the United States.

After exhausting all legal remedies to overturn the Presidential election, President Trump’s sedition incited his mob to riot, rebell and insurrect on January 6th 2021.

The January 6th insurrection culminated a long running seditious conspiracy fabricated by Trump and his cohorts. The insurrection’s goal was to overthrow the constitutional republic of the United States in favor of an autocracy beneficial to Trump, his family and their sycophants.

On January 20 th ,2021, Joseph R. Biden, Jr. was sworn in as the 46 th President of the United States and Trump’s coup d’etat collapsed.

Following the coup’s collapse, the US Department of Justice initiated a criminal investigation of the events surrounding the coup; this investigation is ongoing.

At present, Trump together with members of his cults and gangs are either under felony indictment or serving sentences for criminal acts relating to the insurrection. These acts range through trespassing, conspiracy to defraud, obstructing justice, obstructing governmental process, seditious conspiracy and racketeering. Every conviction establishes, prima facie, the events entailed by January 6 th were conspiratorial elements of insurrection.

Currently, Trump must defend himself in four criminal cases. Trump is charged with 91 felony counts ranging from business malpractice to espionage to conspiracy to racketeering. In addition, Trump may be held liable for a wide range of civil infractions in 15 ongoing cases.

Additional State investigations are underway to further examine the interference with the State’s electoral process. More felony charges are expected for MAGA’s conspiratorial union.

These investigations may reveal additional nefarious activities within Trump’s orbit. Such activities, if discovered, might remain cloaked to preserve national security. It is doubtful the full extent of Trump’s criminality will ever be recognized or fully appreciated..

Given the enormous tranche of evidence supporting this summary, the third clause of the14th Amendment to the Constitution of the United States disables Donald J. Trump from holding any elected federal office until such time the Congress votes by “two-thirds of each House,(to) remove such disability.” Curiously, Trump is acclaimed the Republican Party’s current front running candidate for President.

Every Secretary of State has the duty to maintain their State’s election integrity. The voters have an enforceable right to know the ballot’s candidates meet the Constitution’s requirements. Since there is a clear and present danger that betrayers may further infiltrate the federal government this knowledge is vitally important. A Candidate Eligibility Oath means every candidate must prove their eligibility for office and provides for public review of eligibility before the ballots are printed. A Candidate Eligibility Oath is essential to maintain the integrity of all future elections.

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