Post #14811 by Dope1 on the Berkshire Hathaway board

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So if the state has a rule that says that no one that has committed insurrection can run for Governor (again, for example), then a state court could make a civil determination whether a candidate has committed federal insurrection. They would be able to do that regardless of whether the federal government has filed charges or not, because they would be applying state law.

In your example, the theoretical candidate violated a federal law with the fact determiner ultimately being a federal agency (meaning, there's no crime unless the IRS testifies that so-and-so hasn't filed a return).

The state could then use the law you propose to keep our delinquent filer from running for Official Dogcatcher or Governor...but would be powerless to keep them from running for President in a nationwide federal election. Where it would get interesting is would your law keep someone off the state ballot for something like Senator or Representative to Congress.

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