Left: Democratic Colorado Secretary of State Jena Griswold, responds to a question during a candidate debate, Oct. 11, 2022, on the campus of the University of Denver in southeast Denver. (AP Photo/David Zalubowski, File)/ Right: Former President Donald Trump with his legal team appear in civil court on October 24th, 2023 for charges brought against him by NY AG Letitia James. (Photo by John Nacion/NurPhoto via AP)
The Colorado Supreme Court has ruled that Donald Trump, who faces multiple criminal indictments including one alleging he conspired to overturn the results of the 2020 election, will not be allowed to remain on the ballot in the Mile High state in 2024.
“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the Colorado Supreme Court said in their ruling on Tuesday.
At oral arguments earlier this month, justices wrestled with the question of Trump’s eligibility and sharply debated and questioned whether Section III of the Constitution’s Fourteenth Amendment might preclude Trump from appearing on the presidential ballot.
A lower court judge had already found that Trump “engaged” in insurrection on Jan. 6, 2021, the very criteria that would technically disqualify a person who had sworn an oath to uphold the U.S. Constitution from ever again serving in public office. However, the lower court did not ban Trump from the ballot.
Instead, that judge’s November ruling left open the question of whether Trump was, under the language of the Constitution, an “officer” of the United States when he served as commander-in-chief. The lower court found the clause did not apply to Trump because it did not explicitly name the presidency.
At oral arguments, minds among the judges seemed split around the definitions of “officer” and questions posed to attorneys for Trump as well as attorneys representing the six voters who first brought the case, were tough.
In one pointed exchange with Trump’s attorney Scott Gessler, the court pressed: “How is not absurd to say anyone who engaged in insurrection can’t serve in office except for the presidency?”
Gessler said it should be left to democracy to sort out who should appear on a ballot.
For the voters represented by the watchdog, Citizens for Responsibility and Ethics in Washington, the petition was meant to direct Colorado Secretary of State Jena Griswold to remove Trump’s name from the presidential ballot. Trump and his lawyers balked, arguing that Griswold’s role was purely ministerial and that she lacked the authority to decide a candidate’s qualifications. But lawyers for CREW pushed back, arguing that Griswold inherently has more than a ministerial role as the state secretary when it comes to elections and that she must ultimately only provide voters with qualified candidates.
This story is developing.
Have a tip we should know? [email protected]
