Landmark decision: Could Trump’s candidacy face a potential roadblock?
Ballot Eligibility of Trump
- Election officials from critical states like Michigan, Georgia, New Hampshire, and Minnesota have declined to unilaterally remove former President Donald Trump from the 2024 ballot.
- Instead, they believe the courts should determine if Trump is barred by the 14th Amendment’s “insurrectionist ban.”
- Officials, including both Democrats and Republicans, state they lack the power to singlehandedly invoke the 14th Amendment and exclude Trump from the presidential ballot.
14th Amendment Context
- Post-Civil War, the 14th Amendment was ratified, stating that any American official swearing to uphold the US Constitution cannot hold future office if they took part in or supported insurrectionists.
- Enforcement of this ban is not explicitly mentioned in the Constitution.
- Since the late 1800s, it’s been applied twice against former Confederates.
- Progressive organizations and some conservative legal scholars argue this provision applies to Trump due to his efforts to overturn the 2020 election results and his perceived role in inciting the Capitol protest.
Lawsuits & Opinions
- Progressive groups have initiated significant lawsuits in states like Minnesota and Colorado, aiming to prevent election officials from including Trump’s name on the ballot.
- Some legal experts assert that the provision automatically empowers election officials to disqualify Trump. Yet, this stance is refuted by key state election officials.
