Why a felon was on ballot

Dear Editor:

I am writing to correct misinformation about the appearance of a convicted felon, as a candidate for United States President, on the recent Democratic Primary Election ballot. I am concerned that because of misstatements and inaccuracies, the confidence of the electorate may have been shaken.

The law is simple.  The qualifications for U.S. President are set only by the U.S. Constitution.  Those requirements are: (1) Native born citizen; (2) At least age 35 and (3) Resident of United States for last 14 years.

No other qualifications are set for the office. Individual states cannot impose their own qualifications. Some have quoted, in part, a section of the West Virginia Constitution as support for the interpretation that a felon cannot be a candidate. However, the section applies only to “any state, county or municipal office” and does not apply to any federal office. National constitutional experts confirm that a felon may run for federal office. At least 20 court decisions have upheld that principle.

Many passions have been raised by this situation. Those passions have caused otherwise intelligent individuals to suggest that I should have rejected the filing. To do so would have violated my oath to uphold the constitutions of West Virginia and the United States. 

Also, to do so would have overruled the previous practices of every Secretary of State since 1992. In 1992, 1996, 2000 and 2004 a convicted felon was a presidential candidate on the state ballot.

I have followed the law. You can be confident that I will continue to do so. Sometimes following the law leads to an unpopular result.  But, I refuse to substitute my opinion of what the law should be for what the law actually is. I understand the passion and even the embarrassment that many citizens feel, but it was not within my power to break the law and deny the candidate access to the ballot. 

That is exactly the same constitutional position taken by Secretaries Hechler, Manchin and Ireland and others. 

I regret the misinformation which has been circulated. I hope that damage to the voters’ confidence can be contained.

Natalie E. Tennant
West Virginia Secretary of State