The Colorado Republican Party has threatened to cancel the presidential primary altogether if Donald Trump is kept off the 2024 ballot in the state, following a ruling by the Colorado Supreme Court disqualifying Trump due to his actions on January 6, 2021.
The court cited the 14th Amendment, stating that Trump’s disqualification would make listing him on the primary ballot a wrongful act.
The Trump campaign plans to appeal, calling the decision undemocratic. (Trending: FBI Bribery Probe Caught Joe Biden’s Brother On Tape)
“We will withdraw from the Primary as a Party and convert to a pure caucus system if this is allowed to stand,” the party said in responding to the Court’s ruling.
“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution,” the ruling said. “Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”
The Trump campaign responded by saying they would “swiftly file an appeal.”
“We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” a spokesperson for the campaign said.
The court’s ruling was criticized as partisan and anti-democratic by some experts, who argue that the 14th Amendment’s Section 3 does not apply to elected officials and lacks legal enforcement.
Heritage Foundation election law expert and former FEC commissioner Hans von Spakovsky said, “First, Section 3 of the 14 Amendment applies only to individuals who were previously a ‘member of Congress,’ an ‘officer of the United States,’ or a state official.”
“Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3,” he said.
“Second, no federal court has convicted Trump of engaging in ‘insurrection or rebellion.’ In fact, the Senate acquitted Trump of that charge in his second impeachment.”
“Third, some scholars assert Section 3 doesn’t even exist anymore as a constitutional matter after the Amnesty Acts of 1872 and 1898–a matter completely ignored by the court today,” he continued.
“Fourth, prior court rulings have held that Section 3 is not self-executing and Congress has never passed any federal law providing for enforcement, meaning that courts such as the Colorado Supreme Court have no legal authority to enforce Section 3.”
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