Will Washington Election Law Bump Trump Off The State Ballot?

When former President Donald Trump was convicted by a New York jury on felony charges last Thursday it opened up a whole different universe.  A former President had never been convicted of a crime until that point.  After the jury rendered it's verdict a slew of questions about the future of the 45th U.S. President began to swirl, all having to do with November 5th.

Is Trump Still Able To Run For President?

Yes he is.  There are only three things that factor in to a candidate's eligibility to hold the land's highest office:

1. Be a natural-born Unites States citizen
2. Be at least 35 years of age
3. Have been a resident of the United States for 14 years

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Can Trump Run If He Is Sentenced to Prison?

There are varying opinions on whether the former President will serve real time in prison.  Regardless of if he is sentenced to Rikers Island Correctional Facility, home confinement, or any other form of restrictive penalty, Donald Trump can still run for President.

Can He Be Taken Off a State's Ballot?

This is where it gets interesting.  We've already seen a number of States try to prevent Trump from appearing on their primary ballots.  The argument was that he ran afoul of Section 3 of the 14th Amendment that was enacted after the Civil War.  An interesting footnote to Section 3...it is the only part of the Amendment that Congress can remove with a two-thirds vote of the body.

Washington State's election law is under RCW Title 29A.  The part some think could prevent Donald Trump from appearing on the Evergreen State ballot appears in RCW 29A.68.020. It gives registered voters the ability to challenge a candidate for elected office.

Because the person whose right is being contested was, previous to the election, convicted of a felony by a court of competent jurisdiction, the conviction not having been reversed nor the person's civil rights restored after the conviction

It's spurred enough interest that Washington Secretary of State Steve Hobbs weighed in via official statement from his office:

Although any such determination would have to be made by a court, I do not believe states can add to the requirements set in the U.S. Constitution for candidates for president.

...and he is right.  The U.S. Supreme Court said as much with their ruling in the Colorado primary case.  Another key element is that State law does not supersede Federal Law, that goes for election law as well.  The Presidential election is the only election governed solely by Federal law.

The inferred understanding of RCW Title 29A is it oversees elections confined to Washington State...but as Secretary Hobbs said, a court could weigh in if a challenge is made, but Donald Trump will not be removed from the ballot by his order.

Another key piece to note is that 29A.68.020 doesn't prevent a convicted felon from running for office.  It gives a registered voter the ability to challenge a candidate, but it doesn't disqualify anyone convicted of a crime from seeking office.