Election officials in the potential swing state of Colorado for the 2024 presidential election have been asked to prevent former President Donald Trump’s name from appearing on the ballot, but they have not committed either way.
This request comes after two advocacy groups wrote letters to nine secretaries of state invoking Section 3 of the 14th Amendment, which states that anyone who “engaged in insurrection or rebellion” after taking an oath of office is ineligible to run again.
The evidence presented against Donald Trump is ‘overwhelming’ according to Alexandra Flores-Quilty, campaign director for Free Speech For People (FSFP).
“Trump incited and mobilized the insurrection on January 6, 2021 at our nation’s Capitol,” she stated. She further noted that election officials must carry out their duty by following this constitutional mandate and barring Trump from the ballot.
However, no charges have been brought against him in connection with any seditious behavior nor has he been convicted as such. There are ongoing federal court proceedings instituted by one of his political rivals aiming to disqualify him on a 14th Amendment basis.
When contacted by reporters in Colorado about this issue, Annie Orloff, spokesperson for Secretary of State Jenna Griswold’s office said they “are going to officially decline to comment at this time.”
Other states including California, Georgia, Massachusetts, Michigan, New York, North Carolina, Oregon Pennsylvania and Nevada were also approached by FSFP and Mi Familia Vota Education Fund, however none responded when asked for comment.
Newsweek reported:
At this point, his eligibility is likely a non-issue. While Colorado has until January 5 to certify participants in its Super Tuesday presidential primaries, political parties themselves typically do not submit their candidates for the primary ballots until December, a spokesperson for the Massachusetts Secretary of State’s Office told Newsweek. Nomination papers for the presidential primary will not be released until September.
Though recent 14th Amendment-based lawsuits have recently been successful—one advocacy group, Citizens for Responsibility and Ethics, in Washington, successfully disqualified a former Republican county commissioner in Otero County, New Mexico, on 14th Amendment grounds in September over his participation in the January 6 riot at the U.S. Capitol—litigation against Trump has yet to be heard by a judge.
The primary legal challenge seeking to disqualify Trump, filed by Republican presidential candidate John Anthony Castro in Florida, is currently in the process of being appealed. Castro’s standing in the case was disputed by U.S. District Judge Aileen Cannon, who was appointed by Trump and played a significant role in a federal case concerning classified documents during the former president’s tenure.
The move to bar Trump from the 2024 ballot under the 14th Amendment began in earnest last fall.
“Rep. David Cicilline (a former Trump impeachment manager) is circulating a letter to Dems rounding up support for legislation to bar Trump from office under the 14th Amendment, per copy I obtained,” reporter Nicholas Wu tweeted in November.
He said that the former president was guilty of “leading an insurrection against the United States,” and said that he should be banned from the presidency.
“Tonight, Donald Trump is expected to announce his third bid for the Presidency of the United States even though he forfeited his right to ever hold federal office again for leading an insurrection against the United States,” he said. “The legislation details testimony and evidence demonstrating how Donald Trump engaged in insurrection.”
These attempts by advocacy groups are simply partisan politics being used as leverage against an individual who was never charged or convicted of anything related to insurrection or rebellion.
The 14th Amendment clearly states that someone must first take an oath before engaging in such activities; therefore without conviction, it appears these groups are trying to undermine our democratic process through baseless allegations with hidden motives behind them – all while avoiding direct accountability from elected officials who should be held responsible for upholding laws laid out in our Constitution regardless of political ideology or affiliation.
