Procedurally, section 3 is silent on whether a jury, judge, or lone state election official makes factual determination and is likewise silent on the appropriate standard of review, creating the prospect of some courts adopting a preponderance of the evidence standard, others a clear and convincing evidence standard, while still others requiring a criminal conviction.

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Procedurally, section 3 is silent on whether a jury, judge, or lone state election official makes factual determination and is likewise silent on the appropriate standard of review, creating the prospect of some courts adopting a preponderance of the evidence standard, others a clear and convincing evidence standard, while still others requiring a criminal conviction.

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