Donald Trump cannot appear on the state’s primary ballot, the Colorado Supreme Court ruled Tuesday in a legal challenge that has gained national notice as the former president seeks the 2024 Republican nomination.
The Supreme Court, in a 4-3 opinion, found that Trump is barred under a provision of the 14th Amendment that prohibits people who engaged in insurrection from running for office.
“We conclude that because President Trump is disqualified from holding the office of President under Section Three (of the 14th Amendment), it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot,” the court’s majority wrote in its opinion. “Therefore, the Secretary may not list President Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him.”
It’s possible the losing side in Tuesday’s ruling could appeal it to the U.S. Supreme Court. Legal experts said that was more likely to happen if Trump was disqualified from the ballot.
The state Supreme Court stayed its ruling until Jan. 4, the day before the state’s deadline to certify the primary ballots, in case an appeal is filed — in which case the state will be required to include Trump’s name on the March 5 primary ballot unless the federal justices order otherwise.
The legal challenge was brought under the Civil War-era Constitutional amendment. A group of Colorado Republican and unaffiliated voters, working with the liberal watchdog group Citizens for Responsibility and Ethics in Washington, filed suit in early September against Trump and Colorado Secretary of State Jena Griswold, a Democrat and outspoken Trump critic, in state court, but the legal battle has always been between the plaintiffs and Trump’s legal team.
The plaintiffs took advantage of a Colorado law that allows voters to challenge a candidate’s eligibility. The suit invoked the third section of
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