Elizabeth O.
Colorado Supreme Court Rules Trump Ineligible for Presidential Primary Ballot Due to Insurrection Clause
The court invoked the Constitution’s insurrection clause and directed the secretary of state to remove his name from the ballot.
This landmark decision, resulting from a divided Colorado Supreme Court, is unprecedented. It marks the first time a court has determined that Trump’s conduct related to the January 6, 2021, attack on the US Capitol renders him ineligible to hold public office under the Civil War-era law. The court based its decision on Section 3 of the 14th Amendment.
Importantly, this ruling solely applies within the state of Colorado. The state high court, composed of justices appointed by Democratic governors, has temporarily suspended the decision until January 4, which is one day before the deadline for Colorado Secretary of State Jena Griswold to certify the candidates for the state’s primary on March 5.
In an unsigned opinion, the court’s majority stated, “We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot. Therefore, the Secretary may not list President Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him.”
Numerous lawsuits challenging Trump’s candidacy have been filed in more than 25 states in anticipation of the 2024 election. However, the Colorado case, initiated by six voters, represents the most immediate threat to his campaign. National polls indicate that Trump remains the frontrunner among Republican presidential candidates.
