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this post was submitted on 25 Oct 2023
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Election law varies from state to state. But generally from what I gather, a write-in candidate is only valid if the candidate registers with the state in advance.
If there's a winning plurality for Mickey Mouse in your state for a statewide office, it won't matter. The state won't be forced to see if there's anyone there that has the name Mickey Mouse and then pick which (if more than one) was the individual meant by the voters. Someone has to register with the state saying that they're going to run a write-in campaign for office with name XYZ.
Note that these details are a bit of a side track. The above person was talking about Trump being excluded due to the 14th amendment. However that doesn't say "not on the ballot" — it invalidates people from office entirely. If applied to Trump, the not being on the ballot would be a consequence of being determined ineligible for office, not a method to make him unable to win. Also it's all moot: while I think on the face of it the correct action would be to apply the 14th amendment to Trump, the fact of the matter is that this will not happen. States are not going to be willing to risk the political backlash from going down that path, so they will not.
What I'll say is the only states doing this wouldn't vote for him anyhow. It's important that this happen, but let's be real.
"All states" is the only thing that would directly, functionally impact results.
We have a case in colorado that is going forward I believe
Colorado already did and it has stated it's Consitutional and allows a 2/3 vote in the U.S. Congress to overturn. We won't back down from that, the law is the law.
I AM a lawyer, and from what I can see, you're close but (perhaps unintentionally) misrepresenting the facts, unless you are referring to some other previous action. A judge this week decided to allow a case to proceed that will determine, amongst other things, whether the events of January 6 “constituted an insurrection” and whether Trump “engaged” in insurrection.
I'm referring to what our State Legislators are saying that they will ignore the Supreme Court if they don't follow the Consitution in favor or partisan politics. The law is the law and the Supreme Court cannot rewrite what the Consitution says.