As notable as he is, former President Donald Trump may not be making the cut for the Republican primary election ballot in Colorado and Maine. Although Trump is leading the Republican race right now with approximately 63% in the polls, he may be down for the count in those two states.
And, surprisingly enough, it’s due to the 14th Amendment—the one that expanded the right to vote to former slaves and many other groups facing oppression.
After the Civil War, the Union wanted to be sure that no former Confederate leaders could hold power, thus adding a two-sentence clause to the end of the 14th Amendment that reads:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.”
Essentially, this means that due to his attempt to overturn the 2020 election and essentially incite the Jan. 6, 2021 insurrection, Trump should be removed from the ballot. Although Trump is still in the process of being criminally charged for his actions, Section 3 of the 14th Amendment doesn’t require a criminal conviction in order for a candidate to be removed from the ballot.
While this has flown under the radar in many states, Maine and Colorado deemed Trump unfit to run and removed him from the ballot.
While this has flown under the radar in many states, Maine and Colorado deemed Trump unfit to run and removed him from the ballot. However, many are questioning the constitutionality of this decision and have brought it before the state courts.
Secretary of State of Maine, Shenna Bellows, made the decision to remove Trump from the ballot due to his involvement in the Jan. 6, 2021 insurrection. She was the first secretary of state to take such an action and call forth Section 3 of the 14th Amendment. Trump, predictably, appealed this action.
In spite of this, the top court in Maine has declined to hear the case and appeal, deeming it a national-level issue and sending the case to the Supreme Court instead, where the Colorado case is also currently pending.
The Colorado case is set for oral argument in the Court on Feb. 8, 2024.
If the removal of Trump from the Republican primary ballot ends up being ruled constitutional by the Supreme Court, this could set the precedent for future cases and tamp down the possibility of any future violent rebellion from a presidential candidate. However, this would also knock out the top Republican candidate and biggest opponent to President Joe Biden. So, if Trump is removed from the ballot in these states, doors will open up even further for lesser-known and supported Republican candidates such as Nikki Haley.
