Congressman Clay Higgins introduced a bill that, if passed, would prevent states from excluding candidates from major political parties on the general election ballots.
He addressed this issue in a tweet, stating:
New law… If any state in our Union blocks the official nominee of a major political party from the Presidential ballot, their electoral slate will not be counted by Congress on the following January 6th.
Play stupid games, win stupid prizes.
Have a very MAGA Christmas. pic.twitter.com/9ko6Q7wHzi
— Rep. Clay Higgins (@RepClayHiggins) December 22, 2023
According to Section 9002 of the Internal Revenue Code of 1986, a major party is defined as having 25% or more of the popular vote in the previous presidential election.
Thus, this bill applies only to official Republican and Democrat nominees.
The Colorado GOP has proposed bypassing the primary election and nominating President Donald J. Trump through a caucus system.
If enacted, this would effectively protect Trump from being removed from general election ballots in Colorado or other states due to Section 3 of the 14th Amendment, as he was acquitted of insurrection by the Senate during his second impeachment trial and has never been convicted.
Non-compliant states will not have their electors counted by Congress.
Judges, attorneys and scholars have engaged in vigorous debate surrounding the constitutional implications of the actions taken against President Trump in recent months.
Despite this uncertainty, it is reassuring to know that some officials remain committed to upholding the fundamental right of citizens to elect their desired candidate for the White House.
