Election Deniers May Not Take Office

Every state holding a Presidential primary requires candidates to sign an application to be on the ballot. Without this application and its sworn oath, a candidate cannot be placed on the ballot. In Texas, to be on a party ballot, you must “swear that I will support and defend the Constitution and laws of the United States and of the State of Texas.” This oath makes each candidate liable or responsible for actions taken which do not support and defend the Constitution and laws of the United States and Texas. The “stolen election of 2020” has been fully and finally adjudicated by more than 60 lawsuits filed by Trump in 6 states and in Federal Courts. Some of Trump’s “stolen election” dismissals were appealed to the United States Supreme Court. Even Trump’s appointed Supreme Court Justices dismissed his lawsuits because he offered no evidence of a stolen election. The Judiciaries under our Constitutions spoke with absolute certainty. The 2020 election was not stolen. Any statement to the contrary is not in support and defense of our Constitutions and may result in civil and criminal liabilities because it advocates the overthrow of our constitutional form of government.

5 U.S. Code §7311 – Loyalty and striking
An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

The Republican Party of Texas’s Platform states, “We reject the certified results of the 2020 Presidential Election, and we hold that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States.” Based upon the “stolen election” claims having been fully litigated and determined to be untrue, this statement in the Republican Party Platform advocates the overthrow of our constitutional form of government. 5 U.S. Code §7311 Above.

If Trump had not litigated his “stolen election” claims, and lost, with final judgments, his “stolen election” claims may not advocate the overthrow of our constitutional form of government. But he did and they do.

Any candidate running today that has said the 2020 election was stolen or is a member of an organization that says Joe Biden is not our President is in violation of his prior oath to be on the ballot. If elected, these candidates may not be administered another oath because everyone knows it would be a lie. It does not constitute an oath to take office when everyone knows you have not supported and defended the Constitution and laws of the United States and of the State of Texas.

Joe Pool

Joe is an attorney in Dripping Springs, Texas who handles election law cases among other criminal and civil matters.
Contact or Support Joe at 3800 Creek Road Dripping Springs, Texas 78620 512-784-5005 joepoollaw@gmail.com
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