- cross-posted to:
- antitrumpalliance@lemmy.world
- cross-posted to:
- antitrumpalliance@lemmy.world
The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.
In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”
“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.
LINKS
AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website
Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net
CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma
NBC News: Colorado Supreme Court kicks Donald Trump off the state’s 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4
CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix
CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva
New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net
How does this work out, legally speaking, when it comes to state certification via electors of the President? If he did somehow win, would Colorado just not recognize him as President within their borders?
Has there ever been a case like this where a state didn’t allow someone on the ballot for President and they still won, outside of going all the way back to Lincoln?
No, it just means that he won’t be on the ballot. Which means that he’ll unlikely win their electorate votes. He could still win the presidency without them. Hell, he could even win there as a write in candidate.
However, this could set a precedent for other states to do the same thing.
This ban would cover write-in votes as well
I would love for his votes to be subject to the same amount of scrupulousness they subject Democratic votes to.
It makes it harder for him to win the primary, though he’s pretty far ahead
Good call; if he’s off the ballot for the general, does that automatically ban him from the primary as well? Seems like it’s a given but I have to ask anyway
Write-in votes would require his supporters knowing how to write/spell his name.
To be fair, they would just have to copy his name off of one of the several t-shirts they own/are currently wearing.
So essentially, Colorado voters can’t add to Trump’s support for either the Republican nomination, or for the presidency?
For the Republican nomination, though, isn’t the party a private organisation, such that they can fudge their results - e.g. by discounting Colorado’s votes altogether or by informally surveying the state? Or are they held legally to democratic voting to choose their candidate?
I understand that if they do nominate Trump nationwide, it means the state of Colorado can’t vote for him - but they’re unlikely to anyway, right? So it means zero loss for Trump? Unless other states follow suit. (And the loss of face.)
No. Colorado disqualified him from their ballot. That’s it. They have authority over their own elections, not other state’s.
states’
At this point, the first to call “shotgun!” becomes President, no backsies.
If they’re under 60, I’ll consider it.
I think that’s a prescient question, but my guess is that if enough people wrote him in, and he won in the general election, Republicans would just send their slate of electors as a show of fealty.
Republicans have a slate of electors that they can send? What do you mean?
Each party selects a slate of electors before the general happens to send after the votes are tallied. Those electors are tasked with voting for the candidate who won the most votes in the state (with a few states splitting that vote by special districts). They sign their names to a certificate that makes its way to Congress for the final tally. Electors are tasked with voting how the people vote, and they take that job very seriously.
What happened with Trump is the losing party selected an extra slate of electors in secret who agreed to sign a fraudulent certificate, and they tried to send that one to supercede the real one. They were acting as a group of “faithless Electors,” which is a thing that can happen, but the only times it’s happened is generally a single vote, that wouldn’t affect the outcome of the election, as a form of protest.
I hope that clears things up.
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