Draft:Attempted disqualification of Donald Trump

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Main article: 2024 presidential eligibility of Donald Trump

Attempted disqualification of Donald Trump describes the attempts to disqualify Donald Trump, an American politician and also a presidential candidate of the Republican Party who served as the 45th President of the United States to Republican presidential primaries ballot and influence the process of his campaign and before the 2024 US presidential election. The first record attempt to disqualification was reported in Colorado, in December 2023, the Colorado Supreme Court in Anderson v. Griswold ruled that Trump had engaged in insurrection and was ineligible to hold the office of President, and ordered that he be removed from the state's primary election ballots as a result.[1] Also in the same month, Maine Secretary of State Shenna Bellows ruled that Trump engaged in insurrection and was therefore ineligible to be on the state's primary election ballot, and the newest record was in Illinois, an Illinois judge ruled Trump was ineligible for ballot access in the state in February 2024. All of these attempts were reversed by the United States Supreme Court.

Eligibility of Donald Trump on GOP primary ballots by the state prior to Trump v. Anderson (the map and description taken from 2024 presidential eligibility of Donald Trump)
  Case dismissed by state supreme court
  Case dismissed by lower court
  Decision ruled that Trump is ineligible; stayed, reversed by United States Supreme Court
  Lawsuit filed

Some states like Michigan, Minnesota, Oregon, California, Wyoming, Louisiana, Wisconsin, Florida, Virginia, Washington state, Massachusetts, North Carolina, Indiana and New Hampshire also tried to ban Trump but sequence got rejected.

Context[edit]

Donald Trump has been suspected for his action in the January 6, 2021 United States Capitol riots, which is trespassed on the 14th amendment in the Section 3 that said:

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability."

His actions in the riots caused him to be disqualified by Congress or a state that ruled him ineligible.[2]

Before states attempted to disqualification[edit]

Second Trump impeachment[edit]

On January 13, 2021, a majority of the House of Representatives (232–197) voted to impeach Trump for "incitement of insurrection". In the Senate impeachment trial, a majority of the Senate (57–43) voted on February 13, 2021, that he was guilty, but this fell short of the two-thirds supermajority required to convict him.

Federal election obstruction case and lawsuits[edit]

In February 2021, Mississippi Representative Bennie Thompson filed a lawsuit against Trump that alleged that Trump incited the January 6 Capitol attack,[3] and California Representative Eric Swalwell and two U.S. Capitol Police officers filed lawsuits against Trump the next month, likewise alleging incitement of the attack.[4] On December 19, 2022, the House Select January 6 Committee voted unanimously to refer Trump to the U.S. Department of Justice for prosecution, along with John Eastman.[5] The committee recommended four charges against Trump: obstruction of an official proceeding; conspiracy to defraud the United States; conspiracy to make a false statement; and attempts to "incite", "assist" or "aid or comfort" an insurrection.[6] On August 1, 2023, a grand jury indicted Trump in the District of Columbia U.S. District Court on four charges for his conduct following the 2020 presidential election through the January 6 Capitol attack: conspiracy to defraud the United States under Title 18 of the United States Code; obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002; and conspiracy against rights under the Enforcement Act of 1870.[7][8]

States disqualification of Trump[edit]

Colorado[edit]

On December 19, the Colorado Supreme Court reversed the Colorado District Court decision that the President is not an Officer of the United States while upholding the District Court's holding that Trump had engaged in insurrection and ordered that Trump be removed from the 2024 Colorado Republican presidential primary ballot.[9][10][11]The Colorado Republican Party and Trump appealed.[12][13] The Supreme Court of the United States heard the appeal on February 8, 2024.[14]

Maine[edit]

On December 15, Bellows held a hearing on the challenges she was presented with.[15] On December 28, in a 34-page order, she ruled that Trump was ineligible to be listed on the Maine primary ballot pursuant to the 14th Amendment.[16][17] Specifically, she found that the former president "used a false narrative of election fraud to inflame his supporters" and "engaged in insurrection or rebellion." Bellows further concluded that the 22nd Amendment did not prevent Trump from running for president in 2024. Bellows stayed Trump's removal from the ballot pending the earlier of the resolution of any appeal Trump might make to the Maine Superior Court or the expiration of his deadline to make such an appeal.[18]

Illinois[edit]

On February 28, the Circuit Court ordered Trump removed from Illinois primary ballots, with a stay of the order for an appeal to be taken, or should the U.S. Supreme Court issue an inconsistent opinion. The Circuit Court agreed that as a matter of fact and law, given the submitted record, Trump is disqualified under the 14th Amendment insurrection clause, and therefore the Illinois affidavit required from Trump concerning his legal qualification for office was not and cannot be truthfully given.[19]

States failed requested to ban Trump[edit]

Michigan[edit]

On November 14, Judge James Robert Redford of the Michigan Court of Claims, a specialized trial court for claims against the state, dismissed a lawsuit that sought to bar Trump from the Michigan Republican primary and caucuses, ruling that neither the state courts nor the Michigan Secretary of State had the authority to determine whether Trump was disqualified by the 14th Amendment, because disqualification was a political question to be decided by Congress, and if Congress disqualifies Trump, the 20th Amendment provides for a remedy (the vice-president assuming the presidency).[20][21] He ruled that Trump's eligibility to appear on the Republican primary ballot "presents a political question that is nonjusticiable at the present time", and found that the general election question "is not ripe for adjudication at this time".

On December 14, the Michigan Court of Appeals rejected their appeal, ruling that political parties could decide eligibility for the primary ballot and that the issue of eligibility for the general election ballot was not yet ripe.[22] The plaintiffs subsequently appealed to the Michigan Supreme Court.[23]

On December 27, the Michigan Supreme Court declined to hear the appeal, thus keeping him on the ballot.[24]

Minnesota[edit]

On November 8, the Minnesota Supreme Court dismissed a lawsuit brought by a bipartisan group of Minnesota voters that sought to bar Trump from the Minnesota Republican primary, ruling that no Minnesota state law prohibits political parties from listing ineligible candidates on their primary ballots. The court did not address whether the January 6 United States Capitol attack was an "insurrection," and whether Trump "engaged" in it, within the meaning of Section 3 of the 14th Amendment. The court ruled that the challengers could file a new lawsuit seeking to bar Trump from the Minnesota general election ballot if he is nominated as the Republican candidate for the general election.[25][26]

Oregon[edit]

In early December 2023, an advocacy group filed a lawsuit with the Oregon Supreme Court to remove Trump from the Oregon Republican primary ballot.[27] The group sued Oregon Secretary of State LaVonne Griffin-Valade after she said on November 30 that she did not have authority over who appears on the ballot for a primary election.[28] On January 12, 2024, the Oregon Supreme Court declined to hear the case and did not rule on its merits, citing the U.S. Supreme Court's ongoing consideration of Trump v. Anderson.[29]

California[edit]

In August 2023, a lawsuit seeking to bar Trump from the California Republican primary ballot under the 14th amendment was filed in Alameda County Superior Court, and, in October 2023, another was filed in Los Angeles County Superior Court.[30]

Wyoming[edit]

On November 1, 2023, a lawsuit aiming to bar Trump and Cynthia Lummis from the ballot was filed in the Wyoming District Court in Albany County.[31] On January 4, 2024, it was dismissed.[32]

Louisiana[edit]

On December 22, a lawsuit seeking to bar Trump from the Louisiana Republican primary ballot was filed in the 19th Judicial District Court of that state.[33]On January 5, 2024, it was withdrawn.[34]

Wisconsin[edit]

In late December 2023, Kirk Bangstad, a local brewery owner, filed a complaint with the Wisconsin Elections Commission to remove Trump from the primary and general election ballots in Wisconsin, which dismissed the complaint immediately by recusing itself.[35] On January 5, Bangstad filed a related lawsuit in the Wisconsin Circuit Court in Dane County.[36]

Florida[edit]

By early January 2024, a lawsuit aiming to bar Trump from the ballot under the 14th amendment was filed in the Florida circuit court in Broward County.[37]

Virginia[edit]

In early January 2024, a pair of activists who'd had a case denied in federal court for lack of standing there filed a similar lawsuit in the Virginia circuit court in Richmond County.[38]

Washington (state)[edit]

A lawsuit concerning Trump's inclusion on the Washington state primary ballot was to be heard in Kitsap County Superior Court on January 16, 2024,[39] but the judge decided that the case should be moved to Thurston County.[40] Thurston County judge Mary Sue Wilson ruled on January 18 that Trump will stay on the Washington primary ballot.[41][42]

Massachusetts[edit]

A group of Massachusetts voters filed a petition with the Massachusetts Ballot Law Commission to remove Trump from the primary and general election ballots under Section 3 of the 14th Amendment on January 4, 2024.[43] On January 18, an initial hearing was held.[44] On January 22, the Massachusetts Ballot Law Commission dismissed the primary ballot challenge citing a lack of jurisdiction.[45][46] On January 23, the plaintiffs appealed the decision to the Massachusetts Supreme Judicial Court.[47] On January 29, the case was dismissed for lack of ripeness. The plaintiffs appealed.[48]

North Carolina[edit]

On December 20, 2023, a voter challenge filed with the North Carolina State Board of Elections against Trump's candidacy in the North Carolina Republican primary citing Section 3 of the 14th Amendment was denied with the State Board citing a lack of jurisdiction to hear the complaint. On December 29, the plaintiff appealed to the North Carolina Superior Court in Wake County.

Indiana[edit]

On February 13, a challenge citing Section 3 of the 14th Amendment against Trump's candidacy in the Indiana Republican primary citing Section 3 of the 14th Amendment was filed with the Indiana Election Commission.[49] On February 27, it was denied.[50]

New Hampshire[edit]

In September 2023, New Hampshire Secretary of State David Scanlan stated he would not invoke the 14th Amendment to remove Trump from the New Hampshire Republican primary ballot.[51]

Others[edit]

Some states that existed in state courts in Colorado, Michigan, Oregon, and Wisconsin; and in federal courts in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia, and Wyoming.

Reactions[edit]

Democratic members[edit]

Democratic presidential candidates Marianne Williamson and Dean Phillips criticized the Colorado Supreme Court decision to remove another candidate from the ballot.[52]

Republican members[edit]

Republican candidates at the time – Chris Christie, Ron DeSantis, Nikki Haley, and Vivek Ramaswamy – all criticized the decision with Christie stating "I do not believe Donald Trump should be prevented from being president of the United States, by any court; I think he should be prevented from being the president of the United States by the voters of this country".Ramaswamy stated he would withdraw from the Colorado primary if the court decision stood.[53]

Violent actions[edit]

The first record was reported on December 29, 2023 when Shenna Bellows was swatted.[54]

CNN reported that in the early hours of January 2, 2024, a man broke into the Colorado Supreme Court, opened fire, then surrendered to police. No one was injured, but the building was damaged. Though multiple threats had been made against the four Colorado justices who ruled to disqualify Trump, the Colorado State Patrol suggested that this man may have acted alone. The man's motivations were not immediately publicized.[55]

Results[edit]

These ruled from Colorado, Maine, and Illinois has been rejected by the Supreme Court of United States on March 4, the Supreme Court said ruling that states had no authority to remove Trump from their ballots.[56]

The cases in Michigan, Minnesota, Oregon has been rejected by the states' Supreme Court

The problems in California, Wyoming, Louisiana, Wisconsin, Florida, Virginia, Washington (state), North Carolina and Massachusetts has been rejected in sequence - Republican primaries, District courts, Elections Commission, circuit court, state primary ballot, Secretary of State, Secretary of the Commonwealth, Superior Court. -

Notes[edit]

See also[edit]

References[edit]

  1. ^ "Trump v. Anderson, 601 U.S. ___ (2024)". Justia Law. Retrieved 2024-03-08.
  2. ^ Journal, A. B. A. "Could the 14th Amendment be used to disqualify Trump from office?". ABA Journal. Retrieved 2024-03-08.
  3. ^ Kendall, Kristina Peterson and Brent. "Trump, Giuliani Accused of Conspiring to Incite U.S. Capitol Riot in New Lawsuit". WSJ. Retrieved 2024-03-08.
  4. ^ Kendall, Brent. "Trump Faces New Lawsuit Alleging Incitement of Capitol Riot". WSJ. Retrieved 2024-03-08.
  5. ^ Wilkie, Dan Mangan,Christina (2022-12-19). "Jan. 6 committee sends DOJ historic criminal referral of Trump over Capitol riot". CNBC. Retrieved 2024-03-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  6. ^ Broadwater, Luke (2022-12-19). "Jan. 6 Committee Report and Hearing: Jan. 6 Committee Refers Former President Trump for Criminal Prosecution". The New York Times. ISSN 0362-4331. Retrieved 2024-03-08.
  7. ^ "Trump indicted for efforts to undermine the 2020 election". PBS NewsHour. 2023-08-01. Retrieved 2024-03-08.
  8. ^ "Read the full indictment against Trump for his alleged efforts to overturn the 2020 election". PBS NewsHour. 2023-08-01. Retrieved 2024-03-08.
  9. ^ Astor, Maggie (2023-12-20). "Trump Ballot Ruling: Trump Is Disqualified From Holding Office, Colorado Supreme Court Rules". The New York Times. ISSN 0362-4331. Retrieved 2024-03-08.
  10. ^ Lybrand, Marshall Cohen, Devan Cole, Holmes (2023-12-19). "Trump is ineligible for office under 14th Amendment's 'insurrectionist ban,' Colorado Supreme Court rules | CNN Politics". CNN. Retrieved 2024-03-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  11. ^ "Colorado Supreme Court kicks Trump off the state's 2024 primary ballot for violating the U.S. Constitution". NBC News. 2023-12-20. Retrieved 2024-03-08.
  12. ^ "Colorado Republicans appeal decision disqualifying Donald Trump from 2024 ballot to the Supreme Court". USA TODAY. Retrieved 2024-03-08.
  13. ^ Marley, Patrick; Marimow, Ann E. (2024-01-04). "Trump asks Supreme Court to keep his name on Colorado ballot". Washington Post. ISSN 0190-8286. Retrieved 2024-03-08.
  14. ^ "Supreme Court to rule if Trump can run for president". 2024-01-05. Retrieved 2024-03-08.
  15. ^ State, Mesec (December 15, 2023). "Hearing Regarding Challenges to Trump Primary Nomination Petition".
  16. ^ "Donald Trump blocked from Maine presidential ballot in 2024". 2023-12-28. Retrieved 2024-03-08.
  17. ^ "Maine's top election official rules Trump ineligible for 2024 primary ballot". NBC News. 2023-12-29. Retrieved 2024-03-08.
  18. ^ Freiman, Jordan; Kaufman, Katrina; Kazarian, Grace (2023-12-29). "Maine secretary of state disqualifies Trump from primary ballot - CBS News". www.cbsnews.com. Retrieved 2024-03-08.
  19. ^ Smith, Mitch (2024-02-29). "Judge Orders Trump Removed From Illinois Primary Ballot". The New York Times. ISSN 0362-4331. Retrieved 2024-03-08.
  20. ^ Cohen, Marshall (2023-11-14). "Trump to remain on Michigan ballot after judge rejects another 14th Amendment challenge | CNN Politics". CNN. Retrieved 2024-03-08.
  21. ^ "Michigan judge says Trump can stay on primary ballot, rejecting challenge under insurrection clause". AP News. 2023-11-14. Retrieved 2024-03-08.
  22. ^ "Michigan Court of Appeals rules Trump can remain on 2024 GOP primary ballot". ABC News. Retrieved 2024-03-08.
  23. ^ "Michigan Supreme Court filing seeks to block Trump from state primary ballot". WKAR Public Media. 2023-12-19. Retrieved 2024-03-08.
  24. ^ "Michigan Supreme Court will keep Trump on 2024 primary ballot". AP News. 2023-12-27. Retrieved 2024-03-08.
  25. ^ "Minnesota Supreme Court dismisses 'insurrection clause' challenge and allows Trump on primary ballot". AP News. 2023-11-08. Retrieved 2024-03-08.
  26. ^ Cohen, Marshall (2023-11-08). "Minnesota Supreme Court won't remove Trump from GOP primary ballot in 14th Amendment challenge | CNN Politics". CNN. Retrieved 2024-03-08.
  27. ^ Berman</a>, By <a href="/profiles/dan-berman">Dan (2023-12-06). "Another 14th Amendment challenge pops up in Oregon". CNN. Retrieved 2024-03-08.
  28. ^ "2 states have banned Trump from ballot. Where does Oregon stand?". Central Oregon Daily. 2023-12-29. Retrieved 2024-03-08.
  29. ^ Cohen, Marshall (2024-01-12). "Oregon Supreme Court won't remove Trump from ballot for now, says it's waiting on SCOTUS | CNN Politics". CNN. Retrieved 2024-03-08.
  30. ^ "Can California really keep Trump off the ballot?". Times Herald Online. 2023-12-23. Retrieved 2024-03-08.
  31. ^ "Wyoming Man Suing To Keep Trump Off Ballot OK With Former President Joining Lawsuit". cowboystatedaily.com. 2023-12-19. Retrieved 2024-03-08.
  32. ^ Reporter, James Bickerton US News (2024-01-05). "Judge shuts down attempt to kick Donald Trump off ballot". Newsweek. Retrieved 2024-03-08.
  33. ^ Daley, Ken; Joseph, Chris (2023-12-27). "Chalmette woman files suit seeking to remove Trump from Louisiana ballot". www.fox8live.com. Retrieved 2024-03-08.
  34. ^ Winger, Richard (2024-01-18). "Louisiana Anti-Trump Ballot Access Lawsuit Dropped | Ballot Access News". Retrieved 2024-03-08.
  35. ^ Gunn, Erik (2023-12-29). "Brewery owner, political fundraiser says he'll sue to block Trump from Wisconsin's 2024 ballot • Wisconsin Examiner". Wisconsin Examiner. Retrieved 2024-03-08.
  36. ^ Cadigan, Benjamin (2024-01-05). "Lawsuit filed to bar Trump from Wisconsin ballot". www.weau.com. Retrieved 2024-03-08.
  37. ^ "South Florida activist asks judge to keep Trump off state's election ballot". Sun Sentinel. 2024-01-03. Retrieved 2024-03-08.
  38. ^ Childress, Kelsey (2024-01-08). "Virginia activists file lawsuit in state court to remove former President Trump from election ballot". WJLA. Retrieved 2024-03-08.
  39. ^ Corrin, Noah (2024-01-12). "Challenge to remove Donald Trump from Washington presidential primary ballot to get hearing". NonStop Local KHQ. Retrieved 2024-03-08.
  40. ^ Lotmore, Mario (2024-01-17). "Judge declines case to remove Trump from Washington state ballot". Lynnwood Times. Retrieved 2024-03-08.
  41. ^ Nazzaro, Miranda (2024-01-18). "Trump will stay on ballot in Washington state". The Hill. Retrieved 2024-03-08.
  42. ^ Cornfield, Jerry (2024-01-19). "Judge denies request to remove Trump from WA presidential primary ballot • Oregon Capital Chronicle". Oregon Capital Chronicle. Retrieved 2024-03-08.
  43. ^ "Group of Massachusetts voters file to remove Former President Trump from ballot". Boston News, Weather, Sports | WHDH 7News. 2024-01-04. Retrieved 2024-03-08.
  44. ^ Kwangwari, Munashe; Klein, Asher (2024-01-18). "Commission considers objections to Trump being on Mass. primary ballot". NBC Boston. Retrieved 2024-03-08.
  45. ^ Ganley, Shaun (2024-01-22). "Mass. commission rejects attempt to remove Trump from primary ballot". WCVB. Retrieved 2024-03-08.
  46. ^ Lavery, Tréa (2024-01-22). "Challenges to Trump's inclusion on Massachusetts ballot dismissed". masslive. Retrieved 2024-03-08.
  47. ^ "Appeal filed with Supreme Judicial Court to remove Trump from Massachusetts ballot". WWLP. 2024-01-24. Retrieved 2024-03-08.
  48. ^ "Justice Frank Gaziano of the Massachusetts Supreme Court Leaves Trump on Ballot, but Objectors Then Ask Full Court to Hear Their Appeal | Ballot Access News". 2024-01-30. Retrieved 2024-03-08.
  49. ^ "Donald Trump faces a challenge aiming to keep him off Indiana ballot. Here's why". The Indianapolis Star. Retrieved 2024-03-08.
  50. ^ "Donald Trump remains on Indiana ballot after state election board dismisses challenge". WBAA. 2024-02-27. Retrieved 2024-03-08.
  51. ^ "New Hampshire secretary of state won't block Trump from ballot in key presidential primary state". AP News. 2023-09-13. Retrieved 2024-03-08.
  52. ^ Suter, Tara (2024-01-13). "Long-shot Biden challengers say Trump ballot bans 'dangerous' to democracy". The Hill. Retrieved 2024-03-08.
  53. ^ "Keep Trump on the ballot, his GOP challengers say". Deseret News. 2024-01-31. Retrieved 2024-03-08.
  54. ^ Elena, Maria (December 30, 2023). "Maine Secretary of State Shenna Bellows's home targeted with swatting call - The Boston Globe". BostonGlobe.com. Retrieved 2024-03-08.
  55. ^ Webb, Rachel; Dakin Andone; Chris Boyette (2024-01-02). "Man breaks into Colorado Supreme Court overnight and opens fire, police say". CNN. Retrieved 2024-03-08.
  56. ^ "Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack". AP News. 2024-03-04. Retrieved 2024-03-08.
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