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To: refermech
Wouldn't every registered republican have standing?

No. To have standing in Federal court, you must show that you would suffer a particular harm specific to you. In this case, since the "harm" alleged would be generalized to the public at large, or to all Republicans, you could not get standing as an individual voter. I am not sure who could actually get standing in Federal court - Congress probably, perhaps the electoral college, or possibly another presidential candidate. In state court that would be a different issue, and could vary from state to state depending upon the specific election laws.

Of course, one of the peculiar aspects of how we elect our president makes it very difficult to adjudicate this topic. That is because you don't actually vote for president. In the primary you vote for delegates who are pledged to vote to nominate a specific person; in the general, you vote for electors pledged to vote for your candidate. But in neither case are you actually voting directly for the candidate.

102 posted on 01/15/2016 8:51:32 AM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative

Likely the only way to get at this is via the secretary of state of each state. They certify ballot eligibility.

My hunch is that the courts will ultimately stay away from eligibility by citing its political nature, and by citing the unique status of the Electoral College, which is under the control of the states.


107 posted on 01/15/2016 9:00:37 AM PST by jjotto ("Ya could look it up!")
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To: CA Conservative

Wouldn’t the harm be that you voted for a guy that is not eligible to be elected president, hence fraud. I do not say that as Trump supporter. Just playing devils advocate here.


116 posted on 01/15/2016 9:24:44 AM PST by refermech
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