Trump's Eligibility for the Ballot Challenged Under the 14th Amendment: A Look at Notable Cases
Efforts to challenge former President Donald Trump's eligibility for the ballot under the 14th Amendment have gained traction in Maine and Colorado. This article explores the constitutional provision being invoked and highlights the states where challenges are underway.
Efforts to Challenge Trump's Eligibility
Following the January 6th attack on the U.S. Capitol, the liberal advocacy group Free Speech for People began urging election officials in all 50 states to bar Donald Trump from appearing on the ballot in 2024. This effort is based on Section 3 of the 14th Amendment, also known as the insurrection clause.
Since then, numerous legal challenges have been brought in federal and state courts across the country. While many of these cases have been dismissed, the challenges in Colorado and Maine have succeeded in disqualifying Trump from holding public office again.
Colorado and Maine: Victories for the Challengers
In Colorado, the state Supreme Court ruled that Trump is disqualified from holding office again under Section 3 of the 14th Amendment. The court found that the January 6th attack on the Capitol constituted an insurrection, and Trump was found to have engaged in this insurrection.
Similarly, in Maine, the secretary of state made the decision to remove Trump from the primary ballot. This decision was based on Trump's actions surrounding the January 6th riot. While these cases mark victories for the challengers, the final determination on Trump's eligibility is expected to be made by the U.S. Supreme Court.
Other States with Noteworthy Efforts
In addition to Colorado and Maine, several other states have seen significant efforts to prevent Trump from appearing on their primary ballots. California's lieutenant governor has called for exploring legal options to exclude Trump from their ballot, citing the Colorado decision as a basis.
Meanwhile, in Michigan, the Supreme Court declined to review a decision allowing Trump's candidacy on the state's primary ballot. The challenges in Minnesota and Oregon were also unsuccessful in keeping Trump off the ballot. In New Hampshire and Oregon, the respective secretaries of state determined they do not have the authority to determine a candidate's qualifications for the primary election.
