Washington reinterprets constitutional eligibility
FEC rules naturalized citizens are same as 'natural born' in presidential votes

Posted: September 26, 2011
9:26 am Eastern

A Guyana-born naturalized American citizen fits the Federal Elections Commission's requirements to run for president, the FEC announced in a ruling.

The case involves New York lawyer Abdul Hassan, who was born in the South American country in 1974. Hassan argues it is discriminatory to not allow him to run for office.

Responding to criticism of possible dual-loyalty issues, Hassan said in a radio interview that a person's place of birth should not determine his patriotism or presidential eligibility.

"I am an attorney," he said. "When I undertake the representation of a client, I have to act in the best interests of my client," Hassan stated on "Aaron Klein Investigative Radio" on New York's WABC Radio.

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Continued Hassan: "If I represent someone in my community … and I undertake your representation, I owe you 100 percent loyalty and my duty is solely to protect and to advance your interests."

"It would be no different if I were to be president of the United States," he contended. "If I believe that I cannot act in the best interests, I wouldn't be doing this."

Petitioned further by Klein about the Constitution's concerns regarding those born overseas, Hassan argued many U.S. citizens have loyalty issues, as well.

"Look at all these fellows, these FBI agents, natural born Americans, who were spying for Russia," he said.

"You have to judge each individual based on his own merits," he added.

Click here to listen to Klein's full interview with Hassan.

Hassan, meanwhile, petitioned the FEC to allow him to run for president, arguing the Federal Election Campaign Act does not bar naturalized citizens from running.

In its official response earlier this month, the FEC agreed with Hassan's logic.

The FEC’s ruling, which did not receive any news media attention, concluded that a naturalized citizen is not prohibited by the Federal Election Campaign Act from becoming a "candidate" as defined under the act.

However, a naturalized citizen is not eligible to receive federal matching funds under the FEC's Presidential Primary Matching Payment Account Act.

Stated the FEC ruling: "In regard to the definition of 'person,' the act defines that term as including 'an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons,' excluding the federal government. There is no reference to natural born or naturalized citizens. As an individual, Mr. Hassan is a 'person' under the Act.â€