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Response to kairos12 (Original post)

Fri Jun 26, 2015, 11:09 AM

3. Possibly...but probably not.


Most states already have laws on the books that bar individuals from civil or appointed service in a position where they refuse for any reason to fulfill the requirements of the position.

The purpose of such laws was actually far different from this use and recall the narrative of Hawthorne's Bartleby the Scrivener famous for his line of "I would prefer not to." Specifically, the purpose of such laws is to prevent individuals from seeking positions they have no intention of fulfilling the duties of as a means of attempting to throw a wrench into the works of governance. Indeed it would be highly problematic if someone were to, for example, seek the office of sheriff for the purpose of refusing to serve court documents; tax assessor for the purpose of not collecting or assessing taxes; chair of the zoning commission for the purpose of tabling all zoning actions without hearing or determination; or probate judge for the purpose of refusing to perform the duties of the probate court.

(Such laws do not and to my understanding cannot extend to elected offices.)

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Arrow 4 replies Author Time Post
kairos12 Jun 2015 OP
TexasProgresive Jun 2015 #1
kairos12 Jun 2015 #2
LineNew Reply Possibly...but probably not.
Chan790 Jun 2015 #3
kairos12 Jun 2015 #4
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