Posted on Oct 30, 2023
Donald Trump faces being struck off ballot in two states
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Donald Trump could be struck off the ballot for the next presidential election in two states as the former president's legal issues continue.
Trials in Colorado and Minnesota starting this week will determine whether Trump should be banned from the state's presidential ballots for constitutional reasons.
The Colorado case, which begins on Monday, was filed in September by Citizens for Responsibility and Ethics in Washington on behalf of six Republican and unaffiliated Colorado voters and focuses on Colorado Secretary of State Jena Griswold. They want a court order blocking Griswold from putting Trump's name on the ballots for Colorado's GOP primary and the general election.
Their case is based on Section 3 of the 14th Amendment of the Constitution, which was ratified after the Civil War and bans insurrectionists from running for office. It states U.S. officials who take an oath to uphold the Constitution are disqualified from holding office if they "engaged in insurrection" or have "given aid or comfort" to insurrectionists.
Trials in Colorado and Minnesota starting this week will determine whether Trump should be banned from the state's presidential ballots for constitutional reasons.
The Colorado case, which begins on Monday, was filed in September by Citizens for Responsibility and Ethics in Washington on behalf of six Republican and unaffiliated Colorado voters and focuses on Colorado Secretary of State Jena Griswold. They want a court order blocking Griswold from putting Trump's name on the ballots for Colorado's GOP primary and the general election.
Their case is based on Section 3 of the 14th Amendment of the Constitution, which was ratified after the Civil War and bans insurrectionists from running for office. It states U.S. officials who take an oath to uphold the Constitution are disqualified from holding office if they "engaged in insurrection" or have "given aid or comfort" to insurrectionists.
Donald Trump faces being struck off ballot in two states
Posted from newsweek.com
Donald Trump
Election 2024
Republicans
Posted 6 mo ago
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I don't expect them to be successful, but it will have to go to the Supreme Court. I guess a lot will depend how serious the states are in pursuing this.
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PO1 William "Chip" Nagel
..."The Colorado case, which begins on Monday, was filed in September by Citizens for Responsibility and Ethics in Washington on behalf of six Republican and unaffiliated Colorado voters and focuses on Colorado Secretary of State Jena Griswold. They want a court order blocking Griswold from putting Trump's name on the ballots for Colorado's GOP primary and the general election.
Their case is based on Section 3 of the 14th Amendment of the Constitution, which was ratified after the Civil War and bans insurrectionists from running for office. It states U.S. officials who take an oath to uphold the Constitution are disqualified from holding office if they "engaged in insurrection" or have "given aid or comfort" to insurrectionists.
They claim Trump's alleged role in the January 6, 2021, riots, when a group of his supporters violently protested the 2020 election, amounts to him being an insurrectionist. Trump's lawyers, however, said he encouraged people to protest the result in a peaceful manner and he has not been charged with insurrection.
"Four years after taking an oath to 'preserve, protect and defend' the Constitution as President of the United States[...]Trump tried to overthrow the results of the 2020 election, leading to a violent insurrection at the United States Capitol to stop the lawful transfer of power to his successor," alleges the Colorado lawsuit.
"By instigating this unprecedented assault on the American Constitutional order, Trump violated his oath and disqualified himself under the 14th Amendment from holding public office, including the office of the president."
Colorado Judge Sarah Wallace has said she hopes to decide the case before Thanksgiving. She previously denied five separate bids by Trump and his allies to dismiss the case.
Griswold, a Democrat, has not taken a position on whether Trump is disqualified and said she'll do what the judge orders.
Meanwhile, the Minnesota case will be heard by the state's Supreme Court on Thursday. It is based on the same constitutional amendment.
"It's the first domino to fall. We've never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility," Derek Muller, an election law expert at Notre Dame Law School, told CNN.
"It's not a frivolous lawsuit, but it's not a slam dunk," he added.
The Constitution does not spell out how to enforce the ban on insurrectionists from running for office, and it has only been applied twice since the 1800s, when it was used against former Confederates.
Trump's representatives have called the lawsuits "political."
"This is a political lawsuit meant to prevent President Trump from standing for election and to block Colorado voters from having the opportunity to vote for him," his lawyers wrote in a court filing last week.
They added: "Colorado statute provides no basis for barring a presidential candidate under the 14th Amendment. And President Trump never advocated for or incited violence on January 6, 2021."
..."The Colorado case, which begins on Monday, was filed in September by Citizens for Responsibility and Ethics in Washington on behalf of six Republican and unaffiliated Colorado voters and focuses on Colorado Secretary of State Jena Griswold. They want a court order blocking Griswold from putting Trump's name on the ballots for Colorado's GOP primary and the general election.
Their case is based on Section 3 of the 14th Amendment of the Constitution, which was ratified after the Civil War and bans insurrectionists from running for office. It states U.S. officials who take an oath to uphold the Constitution are disqualified from holding office if they "engaged in insurrection" or have "given aid or comfort" to insurrectionists.
They claim Trump's alleged role in the January 6, 2021, riots, when a group of his supporters violently protested the 2020 election, amounts to him being an insurrectionist. Trump's lawyers, however, said he encouraged people to protest the result in a peaceful manner and he has not been charged with insurrection.
"Four years after taking an oath to 'preserve, protect and defend' the Constitution as President of the United States[...]Trump tried to overthrow the results of the 2020 election, leading to a violent insurrection at the United States Capitol to stop the lawful transfer of power to his successor," alleges the Colorado lawsuit.
"By instigating this unprecedented assault on the American Constitutional order, Trump violated his oath and disqualified himself under the 14th Amendment from holding public office, including the office of the president."
Colorado Judge Sarah Wallace has said she hopes to decide the case before Thanksgiving. She previously denied five separate bids by Trump and his allies to dismiss the case.
Griswold, a Democrat, has not taken a position on whether Trump is disqualified and said she'll do what the judge orders.
Meanwhile, the Minnesota case will be heard by the state's Supreme Court on Thursday. It is based on the same constitutional amendment.
"It's the first domino to fall. We've never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility," Derek Muller, an election law expert at Notre Dame Law School, told CNN.
"It's not a frivolous lawsuit, but it's not a slam dunk," he added.
The Constitution does not spell out how to enforce the ban on insurrectionists from running for office, and it has only been applied twice since the 1800s, when it was used against former Confederates.
Trump's representatives have called the lawsuits "political."
"This is a political lawsuit meant to prevent President Trump from standing for election and to block Colorado voters from having the opportunity to vote for him," his lawyers wrote in a court filing last week.
They added: "Colorado statute provides no basis for barring a presidential candidate under the 14th Amendment. And President Trump never advocated for or incited violence on January 6, 2021."
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