SB2838113th GA (Historical)Introduced

Amends TCA Title 2.

STATE OFFICES This bill prohibits a person who has not demonstrated beyond any doubt that the person is constitutionally eligible in compliance with all lawful requirements for the office the person seeks within this state from being granted ballot access within this state. All candidates seeking any official office within this state must provide authentic, documented proof of eligibility for the office the person seeks, and certify that such information is true, complete, and accurate, as verified by the secretary of state, the state election commission, and each county election board, before being placed upon a ballot. All such information must be provided by the candidate within the deadline periods existing under state law relative to elections. FEDERAL OFFICES This bill prohibits a person who has not provided authentic, documented proof, beyond any doubt, that the person is constitutionally eligible in compliance with all lawful requirements for the office the person seeks from being granted ballot access within this state. CONGRESSIONAL OFFICE This bill requires all candidates to provide authentic, documented proof of eligibility for the office the person seeks, verified by the secretary of state, the state election commission, and each county election board, before being placed upon a ballot within this state, including proof that (i) the person is of the requisite age, (ii) the person is a U.S. citizen for the requisite period of time, and (iii) the person is a lawful resident of this state upon election. PRESIDENT AND VICE PRESIDENT This bill requires each candidate to provide authentic, documented proof of meeting the requirements of these offices before the person can be placed on a ballot within this state, including proof that (i) the person is of the requisite age, (ii) the person is a natural born citizen of the United States, and (iii) the person has been a lawful resident of the United States for the requisite period of time. PRESIDENTIAL ELECTORS This bill requires this state to appoint, in such manner as the general assembly may direct, a number of electors, equal to the whole number of senators and representatives to which this state may be entitled in the United States congress. However, a senator or representative, or person holding an office of trust or profit under the United States, must not be appointed an elector. Effective immediately upon the adoption of this bill, this bill prohibits presidential electors for this state from casting a vote for any presidential or vice presidential candidate whose eligibility for office is in question or doubt at the time of the vote, and until such time as the candidate has been properly investigated and cleared of any reasonable doubt. This bill requires candidates or electors who knowingly attempt to secure these offices by providing false or misleading information in order to appear on the ballot, to be immediately disqualified from the election, prohibited from seeking any political office in the future, and investigated for an act of sedition or subversion against the people of the United States. POLITICAL PARTIES This bill establishes that it is the duty of each political party to properly vet their candidates before certifying to this state that the candidate is truthfully eligible for the office the person seeks, in accordance with all requirements pertaining to the office sought. It is therefore necessary that each political party provide authentic, documented proof that any candidate put forth from the party is eligible for the office being sought. The party of the candidate must be held accountable for presenting a candidate for ballot access who does not meet the necessary requirements. If a party presents a candidate for ballot access, whom they knew, or should have reasonably known, was not eligible for the office, or presents false information in an effort to certify the candidate for ballot access, the political party may be prevented from seeking ballot access for any candidates for any office for the election cycle involved. Further, the party involved in failing in their duty to only present qualified candidates for ballot access may be disqualified from presenting candidates in future elections. This bill provides that a person or candidate who violates this bill is subject to (i) immediate removal from office, (ii) being prohibited from seeking any office of public trust in the future, (iii) a fine of up to $20,000 per incident, (iv) imprisonment for up to 20 years per incident, and (v) criminal investigation and prosecution for attempts to subvert the rule of law.

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Overview

STATE OFFICES This bill prohibits a person who has not demonstrated beyond any doubt that the person is constitutionally eligible in compliance with all lawful requirements for the office the person seeks within this state from being granted ballot access within this state. All candidates seeking any official office within this state must provide authentic, documented proof of eligibility for the office the person seeks, and certify that such information is true, complete, and accurate, as verified by the secretary of state, the state election commission, and each county election board, before being placed upon a ballot. All such information must be provided by the candidate within the deadline periods existing under state law relative to elections. FEDERAL OFFICES This bill prohibits a person who has not provided authentic, documented proof, beyond any doubt, that the person is constitutionally eligible in compliance with all lawful requirements for the office the person seeks from being granted ballot access within this state. CONGRESSIONAL OFFICE This bill requires all candidates to provide authentic, documented proof of eligibility for the office the person seeks, verified by the secretary of state, the state election commission, and each county election board, before being placed upon a ballot within this state, including proof that (i) the person is of the requisite age, (ii) the person is a U.S. citizen for the requisite period of time, and (iii) the person is a lawful resident of this state upon election. PRESIDENT AND VICE PRESIDENT This bill requires each candidate to provide authentic, documented proof of meeting the requirements of these offices before the person can be placed on a ballot within this state, including proof that (i) the person is of the requisite age, (ii) the person is a natural born citizen of the United States, and (iii) the person has been a lawful resident of the United States for the requisite period of time. PRESIDENTIAL ELECTORS This bill requires this state to appoint, in such manner as the general assembly may direct, a number of electors, equal to the whole number of senators and representatives to which this state may be entitled in the United States congress. However, a senator or representative, or person holding an office of trust or profit under the United States, must not be appointed an elector. Effective immediately upon the adoption of this bill, this bill prohibits presidential electors for this state from casting a vote for any presidential or vice presidential candidate whose eligibility for office is in question or doubt at the time of the vote, and until such time as the candidate has been properly investigated and cleared of any reasonable doubt. This bill requires candidates or electors who knowingly attempt to secure these offices by providing false or misleading information in order to appear on the ballot, to be immediately disqualified from the election, prohibited from seeking any political office in the future, and investigated for an act of sedition or subversion against the people of the United States. POLITICAL PARTIES This bill establishes that it is the duty of each political party to properly vet their candidates before certifying to this state that the candidate is truthfully eligible for the office the person seeks, in accordance with all requirements pertaining to the office sought. It is therefore necessary that each political party provide authentic, documented proof that any candidate put forth from the party is eligible for the office being sought. The party of the candidate must be held accountable for presenting a candidate for ballot access who does not meet the necessary requirements. If a party presents a candidate for ballot access, whom they knew, or should have reasonably known, was not eligible for the office, or presents false information in an effort to certify the candidate for ballot access, the political party may be prevented from seeking ballot access for any candidates for any office for the election cycle involved. Further, the party involved in failing in their duty to only present qualified candidates for ballot access may be disqualified from presenting candidates in future elections. This bill provides that a person or candidate who violates this bill is subject to (i) immediate removal from office, (ii) being prohibited from seeking any office of public trust in the future, (iii) a fine of up to $20,000 per incident, (iv) imprisonment for up to 20 years per incident, and (v) criminal investigation and prosecution for attempts to subvert the rule of law.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

February 1, 2024

Subjects
15454823

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