George Santos’ announcement that he’s running for office again is serving as a reminder to New Yorkers of how low the bar is to run for Congress.
Just more than three months ago, Santos was expelled from the House of Representatives. The Republican who represented parts of Long Island and Queens was found to have lied to voters and donors about his personal and financial history. He faces a 23-count indictment of federal charges that include identity theft, credit card fraud and conspiracy, though he has pleaded not guilty on all counts.
Now, the former U.S. representative said on Thursday he plans to run against fellow Republican Nick LaLota in a neighboring district on Long Island. He did so in his typical attention-getting fashion: while sitting in the back of the House floor during President Joe Biden’s State of the Union address, using a lifetime privilege conferred to former members.
So why is a person with such a dubious history and uncertain future able to seek office? Here’s a quick primer on U.S. election law.
The U.S. Constitution has very few eligibility restrictions for federal office.
When it comes to running for the House of Representatives, the Constitution only requires that candidates be at least 25 years old, a U.S. citizen for at least seven years and a resident of the state they are seeking to represent at the time of election.
Santos, 35, checks all those boxes, so far as we know. His exact residence has not always been clear, but a New York Times story in December 2022 found that he was living in Huntington, N.Y.
It was a Supreme Court case involving New York Rep. Adam Clayton Powell Jr. in 1969 that helped solidify the simple qualifications. Congressmembers had voted not to seat Powell following his re-election in 1966, over some ethics violations and Powell sued. The vote was not the same as an expulsion, such as what Santos faced, but Powell argued it amounted to the same thing.
The court at the time ruled that, “In judging the…
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