OFF TO PA. PRISON: Traficant can’t run in Ohio

The Hill ^ | 8/7/02 | Open Secrets

[Jean S]

First they took away his toupee. Now the Federal Bureau of Prisons has robbed former Rep. James Traficant (D-Ohio) of his chance to run for his old seat.

Traficant, who arrived at a low-security federal prison facility in White Deer, Pa., on Monday to begin serving an eight-year prison term, had planned to run as an independent in Ohio’s redrawn 17th District.

But, according to the Constitution, a candidate for the House must reside in the state in which he or she runs.

[Nat Turner]

but dint they elected a DEAD senator from MO-- I thought only the living could RUN

[RoseofTexas]

You can't run for an elected office BUT you can vote from the pokie, RIGHT?! Where is the outrage?! Where are the screaming RATS?! After all prisoners have rights too!! (sarcasm/off) Oh I forget, the RAT WHORES only have hissy fits when it's a PRESIDENTAL election...me goof, sorry!

[nothingnew]

What? There's no like-prison in Ohio?

So who put the pressure on the powers to be to have Trafficant moved over the state border?

This reeks to high heaven.

FMCDH

[aristeides]

The words of the U.S. Constitution are (Article I, Section 2, Paragraph 2): "No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen."

Is a prisoner kept in another state not an inhabitant of his home state? I certainly paid New York state and city taxes as a domiciliary of New York when I was stationed with the U.S. Air Force in Texas, California, and Germany. Clement Vallandigham ran for the governorship of Traficant's state Ohio in 1863, when he was living in exile in the Confederacy, having been expelled by the Lincoln administration.

[Rodney King]

I'm not sure that he can't run. I have dealt with election law re: residency quite a bit. Basically, if he owns property in Ohio is is very difficult to say that he does not reside there. There is not reason why he can't declare his home in Ohio his permenant residence, I believe.

[Nat Turner]

I wonder when Torricelli is getting HIS cell . . .

[Lyndal]

What about little dick gephardt, he lives in VA, not MO.

[AdA$tra]

Heck, if his mother has an apartment in Ohio shouldn't that be enough? It works for Dick Gephart!

[APBaer]

"who shall not, when elected, be an inhabitant of that State in which he shall be chosen."

I think it is up to the Ohio election authorities to determine if he is on the Ohio ballot, BUT,

if elected, whether as a write in candidate or otherwise, then I do not think that any court would have jurisdiction to determine whether he met or did not meet the Constitutional "inhabitant" standard.

I believe it would be held to be a "political question" and the House is the sole judge of its members qualifications. Therefore if elected the House could refuse to seat him and he would have no jucidial recourse.

[WSGilcrest]

Rep. James Traficant (D-Ohio Pennsylvania)

[Consort]

Can a person be in a Penn State state pen and still be a resident of Ohio?

[martin_fierro]

Just once I'd like to see this guy without the rug.

[aristeides]

The Supreme Court severely limited the power of the Houses of Congress to refuse to seat members in the Adam Clayton Powell case, where they went to great lengths explaining why this was not an unjusticiable political question.

[Digger]

They would have got him anyway. You see the votes are ELECTRONICALLY reported. End of story,

[Fides et Ratio]

I wonder what his hair is up to these days.

[wardaddy]

There is a low in Elkton Ohio. He's at the Allenwood Low. The BOP can send a prisoner anywhere they want.

[SW6906]

We shall see soon, I bet.

[Coop]

I hope he can run in OH, and draw enough votes away from the Dem so that a Pubbie can steal the seat. Hey, a fella can wish...

[wardaddy]

Amen to that.