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Concept Version 7
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Eligibility

Eligibility requirements restrict who can run for a given public office.

Learning Objective

  • Give examples of eligibility requirements for various offices


Key Points

    • Virtually all electoral systems have some eligibility requirements, such as a minimum age to run for office.
    • Even within a single jurisdiction, eligibility requirements may vary by office; there are more stringent restrictions on who can run for president than on who can run for Senate in the U.S.
    • The natural born citizen clause places a Constitutional limitation on who can run for president in the U.S., limiting the office to natural born citizens.

Terms

  • eligibility requirement

    Statutory restrictions on who is entitled to hold a given public office.

  • natural born citizen

    Any person who is entitled to American citizenship by birth.


Example

    • The controversial "birther" movement that has questioned the validity of President Obama's American birth certificate is an example of debate involving the natural born citizenship clause. Republican presidential candidate Mitt Romney was born in Mexico to American parents, illustrating that natural born citizenship does not depend on place of birth, but rather whether one is entitled to citizenship at birth.

Full Text

Different voting jurisdictions set different eligibility requirements for candidates to run for office. In partisan election systems, such as those in place for U.S. Presidential and Congressional elections, the only people eligible to run in a general election are those nominated by a political party or who have successfully petitioned to be on the ballot. In non-partisan elections, there may be fewer restrictions on those who can be listed on a ballot, with no requirements for party or popular support.

Virtually all electoral systems, whether partisan or non-partisan, have some minimum eligibility requirements to run for office. For example, candidates are generally required to be a certain age. In some jurisdictions, individuals may be eligible to campaign when they reach the age of legal majority, which is often 18. Elsewhere, candidates may need to be older; for example, in U.S. Presidential campaigns, candidates must be at least 35 years old.

Eligibility requirements may also vary by political office within a given jurisdiction. The President of the U.S. must be a natural-born citizen, due to the natural-born citizenship clause of the U.S. Constitution . There has been some legal debate over what constitutes natural born citizenship, particularly regarding cases where an individual is born outside the U.S. to American citizens or in cases of adoption. Generally, however, natural born citizenship is understood to include anyone who is entitled to U.S. citizenship at birth, even if they are born outside of the U.S. Over the years, multiple presidential candidates have been born in foreign countries or U.S. territories, but have met the natural born citizenship eligibility requirement because they were born to American citizens.

Natural Born Citizen Clause

The U.S. Constitution limits eligibility for the office of president to individuals who are natural born citizens of the U.S.

In offices other than that of the President, eligibility requirements tend to be less stringent. For example, according to the Constitution, members of the U.S. House of Representatives must be over the age of 25 and an American citizen for at least seven years. The Senate's minimum age requirement is 30 and nine years an American citizen. Both chambers of Congress require members to be residents of the state they seek to represent. House members are not required to live in their districts. For local offices, the requirements are often even less strict — in certain jurisdictions, local officials simply need to be current citizens over the age of 18 who have established local residency.

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