Sens. Rick Scott & Thom Tillis Lead Introduction of Bill to Require SCOTUS Review of Presidential Candidate Qualifications

January 11, 2024

The Constitutional Election Integrity Act clarifies that the U.S. Supreme Court—not state entities—has the sole ability to decide legal claims arising out of section 3 of the 14th Amendment of the Constitution

WASHINGTON, D.C. – Today, Senators Rick Scott and Thom Tillis (R-NC) led the introduction of the Constitutional Election Integrity Act to prevent state politicians like the Maine Secretary of State and state entities like the Colorado Supreme Court from disqualifying presidential candidates from the ballot on constitutional matters that should be decided by only the U.S. Supreme Court.

The Constitutional Election Integrity Act clarifies that the Supreme Court of the United States has the sole ability to decide legal claims arising out of section 3 of the 14th Amendment of the Constitution. The legislation also withholds federal funding for election administration from states that misuse the 14th Amendment for political purposes. Joining Senators Scott and Tillis are Senators J.D. Vance (R-OH), Ted Budd (R-NC), Cynthia Lummis (R-WY) and Markwayne Mullin (R-OK).

Senator Rick Scott said, “Kicking your political enemies off the ballot is the kind of stuff you see in communist countries like Venezuela, Cuba and China—it should never be happening in the United States of America. Period. These partisan activists are anti-democracy, and their actions are an effort to silence Americans and their votes. This is about taking your voice away from you. This is sending a message to folks—American citizens—that you don’t get to vote for the president of your country. That is our God-given, inalienable right, and I will not stand for this gross overreach. That is why I am fighting hard to pass the Constitutional Election Integrity Act to restore freedom and democracy to our elections that some Democrat states are working so hard to dismantle.”

Senator Thom Tillis said, “Regardless of whether you support or oppose former President Donald Trump, it is outrageous to see left-wing activists make a mockery of our political system by scheming with partisan state officials and pressuring judges to remove him from the ballot. American voters, not partisan activists, should decide who we elect as our President. The Constitutional Election Integrity Act would put any constitutional challenges in the sole place they belong: the U.S. Supreme Court.”

Senator Ted Budd said, “Activist courts and far-left state officials have attempted to remove a lawful candidate for president from the ballot in a brazen, undemocratic act of election interference. That’s why I am proud to join Senator Tillis in his effort to restore election integrity and ensure that the voters get to determine the next president, not partisan actors.”

Senator Cynthia Lummis said, “Weaponizing state courts to remove candidates from the ballot not only undermines our political system but seeks to silence the American people and circumvent their will. Our Founding Fathers fought to give the American people the freedom to elect their president; they did not intend for political activists to abuse our judicial system. The Constitutional Election Integrity Act gives the U.S. Supreme Court the authority to preserve this sacred right, and I’m proud to join Senator Tillis in protecting our elections from these overt displays of partisan corruption.”

Senator Markwayne Mullin said, “Presidential elections are determined by the American people, not liberal political activists with a grudge. Right now, states like Colorado and Maine are working overtime to undermine American voters and kick President Donald Trump off the ballot. Our bill, the Constitutional Election Integrity Act will clarify and affirm that any challenges to the U.S. Constitution must be adjudicated by the Supreme Court, not partisan activists. I am glad to join with my colleagues who believe in protecting the sanctity of our Constitution and the system of checks and balances established by our Founding Fathers.”

The text of the legislation can be found here.

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