Colorado Supreme Court correctly held that Section 3 may be enforced prior to an election and need not wait until the disqualified person takes office. See Pet. App. 58a–60a. Section 3 does not, by its express terms, prevent a person from seeking office. The same is true for other presidential qualifications such as age, residency, or citizenship. See, e.g., U.S. Const. art. II, § 1, cl. 5 (laying out these requirements to be “eligible to the Office of President”). Yet states’ “legitimate interest in protecting the integrity and practical functioning of the political process” allow them “to exclude from the ballot [presidential] candidates who are constitutionally prohibited from assuming office.” See Hassan v. Colorado, 495 F. App’x 947, 948 (10th Cir. 2012) (Gorsuch, J.) (emphasis added). Colorado’s legislature has required that only those qualified to hold the office may appear on the presidential primary ballot. See infra 19–21. That law falls squarely within Colorado’s broad Article II authority to “direct” the “manner” of appointing presidential electors.

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Colorado Supreme Court correctly held that Section 3 may be enforced prior to an election and need not wait until the disqualified person takes office. See Pet. App. 58a–60a. Section 3 does not, by its express terms, prevent a person from seeking office. The same is true for other presidential qualifications such as age, residency, or citizenship. See, e.g., U.S. Const. art. II, § 1, cl. 5 (laying out these requirements to be “eligible to the Office of President”). Yet states’ “legitimate interest in protecting the integrity and practical functioning of the political process” allow them “to exclude from the ballot [presidential] candidates who are constitutionally prohibited from assuming office.” See Hassan v. Colorado, 495 F. App’x 947, 948 (10th Cir. 2012) (Gorsuch, J.) (emphasis added). Colorado’s legislature has required that only those qualified to hold the office may appear on the presidential primary ballot. See infra 19–21. That law falls squarely within Colorado’s broad Article II authority to “direct” the “manner” of appointing presidential electors.

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