Legal Question in Constitutional Law in California

Constitutional Resign to Run laws

Would a senator - who is mid-term and

not up for re-election in the same

election - have to forfeit his seat in

order to run for president as his party's

nominee? And, if so, having lost the

presidential election, would he return to

his Senate seat to serve out his term?


Asked on 9/11/07, 5:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Constitutional Resign to Run laws

Federal law contains no such requirement. Offhand I don't know whether any states have tried to impose such a rule on their senators, but I doubt it. I also doubt that doing so would be constitutional.

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Answered on 9/11/07, 7:39 pm


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