The states have always had that choice, with due process, to disqualify candidates. Colorado disqualified a candidate in 2012, and Gorsuch was one of the judges that ruled in favor of Colorado.
Hassan v Colorado, 2012
as the magistrate judge’s opinion makes clear and we expressly reaffirm here, a state’s legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office. See generallyMunro v. Socialist Workers Party, 479 U.S. 189, 193-95 (1986); Bullock v. Carter, 405 U.S. 134, 145 (1972).
The judgment of the district court is affirmed. Appellant’s motion for publication is denied.
Entered for the Court
Neil M. Gorsuch Circuit Judge