The Black Panther Who Was Banned From the Ballot

DONALD TRUMP WAS not the first celebrity presidential candidate who could reasonably be accused of insurrection against the United States.

- Brian Doherty

Many decades before Trump, another best-selling author and charismatic leader in a rowdy movement to upend dominant American political mores aimed for the U.S. presidency—Eldridge Cleaver, the Black Panthers’ minister of information and the author of Soul on Ice.

Unlike Trump, who this year overcame challenges from Colorado, Maine, and Illinois about his eligibility due to the Constitution’s Insurrection Clause, Cleaver couldn’t be caught up by the 14th Amendment, Section 3, since that explicitly only bars insurrectionists who had already been government officials. But Cleaver faced his own eligibility hurdles.

In 1968, as the first presidential nominee of the Peace and Freedom Party (PFP), formed mostly by antiwar radicals disenchanted with Lyndon Johnson’s Democratic Party, Cleaver was below the constitutionally mandated age of 35 and would have been so still on Inauguration Day in 1969. At least three states did eliminate his name, if not his party, from the ballot for this reason.

Many states, however, allowed someone absolutely constitutionally disqualified to remain on their ballot; in Iowa, as reported in the Davenport Times-Democrat, the secretary of state “ruled that he must accept the certification in the absence of positive proof that Cleaver is not of eligible age.”