Why Orly will lose her appeal
Other interesting mentions
Nor is this a case where a candidate’s qualifications were disputed. Everyone agrees that Lindsay couldn’t hold the office for which she was trying to run. Lindsay therefore could never have been a legitimate contender for the presidency, and there’s no doubt that “a State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies.” See Bullock v. Carter, 405 U.S. 134, 145 (1972). Holding that Secretary Bowen couldn’t exclude Lindsay from the ballot, despite her admission that she was underage, would mean that anyone, regardless of age, citizenship or any other constitutional ineligibility would be entitled to clutter and confuse our electoral ballot. Nothing in the First Amendment compels such an absurd result.
Lindsay points to 2008 presidential candidate John McCain, who some considered to be ineligible to hold office because he was born outside the United States. But, at worst, McCain’s eligibility was disputed. He never conceded that he was ineligible to serve, and it was generally assumed that he could. The Secretary does not violate the Equal Protection Clause by excluding from the ballot candidates who are indisputably ineligible to serve, while listing those with a colorable claim of eligibility. Because those two groups stand on a different footing, the Secretary is entitled to exclude the former while including the latter. See Robinson v. Bowen, 567 F. Supp. 2d 1144, 1146–47 (N.D. Cal. 2008); Keyes v. Bowen, 117 Cal. Reptr. 3d 207, 214–16 (Cal. Ct. App. 2010)