A. General Eligibility

No Person may run for Congress if they have been convicted of a felony in any State or under federal law, or if their Civic Power to hold office is currently suspended under this Charter.

A congressional office is a position of honor, but also high trust. Those who send members of Congress to the Capitol do it with the hope they will be faithfully and ethically represented. How can someone who has repeatedly refused their civic obligations be trusted to wield that much civic power? And how can someone who has been convicted of breaking serious laws be trusted to write laws?

This paragraph is a barrier to those who do not meet the high bar of trust required of a member of Congress.

A Person running for Congress must live in the State or District that they are running to represent, and must maintain their primary residency in that State or District for the duration of their service.

A Senator represents the whole of a state. How can they do that if they don’t even live there? A Representative represents the people of a defined district. The same question applies – if they aren’t present in that district, how can they understand the needs and will of the people they represent? This paragraph simply establishes the requirement that members of Congress have their primary residence in the same geography they represent. It isn’t a new requirement, but it is an important one.

A Person disqualified by felony conviction may ask a special panel of the Federal Judiciary—composed of judges drawn by lot from among the sitting judges of the Circuit Courts of Appeal and the Provincial Appellate Courts, excluding all others—to restore their eligibility by showing clear and convincing evidence that the conviction was wrongful, politically motivated, or that they have demonstrated a sustained pattern of civic responsibility since their conviction.

This provision does not replace or alter the separate process for restoring Civic Powers suspended under Article I.

A person convicted of a felony, but who wants to stand for office, may say that their conviction was wrongful, or that it was twenty years ago and they have changed, or that politics motivated your conviction. This paragraph essentially says, “OK, buddy. Prove it. If you can, fine, but you have to face a panel of judges and convince them.” If a conviction was truly wrongful, the potential candidate has the opportunity to demonstrate this. If it really was a political hit job, the potential candidate has the chance to show that. Maybe it was entirely legitimate, but the potential candidate has been rehabilitated and has demonstrated a sustained pattern of civic responsibility since their conviction. If so, this process gives them a narrow pathway forward. It isn't easy, but it is intended as a last-ditch effort.

The final sentence makes clear that this is not the same as civic restoration. If your civic rights are suspended, the only remedy for that is through your right to restoration.[1] This provision is intended solely for overcoming the felony bar on running for Congress.

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[1] See Article I, Section 2.B.3(d).