Is Trump blocked from the 2024 ballot? The Constitution could keep him out of the running.
Challenges to Donald Trump's 2024 eligibility are being made in some states, pointing to Section 3 of the 14th Amendment, which excludes anyone who has 'engaged in insurrection or rebellion.'
There is a very good reason why none of us should have a chance to cast a vote for – or against – Donald Trump next year.
Or ever again.
It’s simple and straightforward.
Section 3 of the 14th Amendment of the Constitution prohibits anyone from holding office who “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Individuals in at least two states are now challenging Trump’s eligibility to hold office, and there’s talk of more.
Could Trump be off the 2024 ballot?
The Jan. 6 committee said Congress should set up a “formal mechanism” to evaluate whether some of those involved with the insurrection should be barred from office.
The committee also concluded, “That evidence has led to an overriding and straight forward conclusion: the central cause of January 6th was one man, former President Donald Trump, whom many others followed. None of the events of January 6th would have happened without him.”
NBC News did a story recently describing how secretaries of state throughout the country are trying to figure out how to deal with such challenges.
Arizona Secretary of State Adrian Fontes figured prominently in that story, saying in part, “We have to have a final certification of eligible candidates (for the primary ballot) by Dec. 14 for Arizona’s presidential preference election. And because this will ultimately end up in court, we are taking this very seriously.”
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Is Trump disqualified under the 14th Amendment?
When Trump was president, just about all of the federal judges he appointed were referred to him or backed by the Federalist Society, a deeply conservative legal organization.
Two professors affiliated with the society researched the 14th Amendment question and produced a report saying Trump should not be on the ballot.
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William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas did the research.
Baude told The New York Times, “People were talking about this provision of the Constitution. We thought: ‘We’re constitutional scholars, and this is an important constitutional question. We ought to figure out what’s really going on here.’ And the more we dug into it, the more we realized that we had something to add.”
That was, Baude said, “Donald Trump cannot be president – cannot run for president, cannot become president, cannot hold office – unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
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Meantime, a lawyer in Florida and another one in New Hampshire each are challenging Trump’s ability to be on the ballot in their respective states.
The New Hampshire man, Bryant “Corky” Messner, was a Trump supporter and a Trump-endorsed candidate for the Senate in 2020.
He says now, however, “I really don't view myself as turning on Trump, as odd as that sounds. I love this country. I’ve served this country. I’ve taken an oath to this country. My sons are serving right now and I believe someone’s got to step up to defend the Constitution.”
At least two other advocacy organizations also are looking to challenge Trump’s eligibility: Citizens for Responsibility and Ethics in Washington, and Free Speech for the People.
States preparing to challenge Trump's candidacy
Ron Fein, a lawyer involved with Free Speech for the People, told ABC News, “We’re prepared to challenge Trump’s candidacy in multiple states. We’re not going to tell him which states and when in advance.”
Meantime, secretaries of state like Arizona’s Fontes have to prepare.
Right now, rulings by the Arizona Supreme Court indicate Trump can’t be excluded from the ballot here. But that ruling may not be the final word.
Or as Fontes said in an interview with The Gaggle, the politics podcast of The Arizona Republic and azcentral.com, “Can the Arizona Supreme Court be overturned? If somebody brings a lawsuit? Well, any law can be overturned in a judicial action.
“Now, I’m not inviting someone to sue me, although it probably will end up happening.”
EJ Montini is a columnist at The Arizona Republic/azcentral.com, where this column first published.