There is bipartisan interest in limiting the right to file a federal lawsuit under the ECA and other statutes to candidates for president and vice president. Generally, a federal court may consider a lawsuit that raises a federal question. This clarification would prohibit a federal court from deciding a federal statutory claim if raised by someone who is not on the ballot as a candidate for president or vice-president.
This clarification would not limit the existing rights of those who could bring a claim in federal court under the U.S. Constitution, including challenges brought under the Equal Protection and Due Process clauses and Congress’s constitutional power to set the date for Election Day.