"If a state statute has not already authorized administrative officers to seek disqualification of presidential candidates, then — as the Supreme Court signaled this year — it might be a usurpation of the state legislature's prerogative to determine the "manner" of conducting presidential elections for these officials to assert this power on their own.
"Consequently, the safest course is for a state legislature to clarify, by enacting a new statute as soon as possible, that its election officials have the power to remove insurrectionists from the presidential ballot. A new statute could create an expedited timetable to ensure that the case reaches the Supreme Court in time for a decision before the Republican convention in July."
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