By
G. McConway
|
December 29, 2023

Colorado Will Now Allow Trump on Primary Ballot

The Secretary of State for Colorado has decided to allow Donald Trump’s name to be on the primary ballot.

This is clearly a win for Trump, but it is not quite the win that some are making it out to be.

The declaration by the Secretary of State comes with a caveat, and it also brings to light possible future problems for Trump if he wins the nomination.

Back on the Ballot

There are several reasons why the Colorado Secretary of State Jena Griswold has agreed to put Donald Trump’s name back on the primary ballot, as well as reasons Trump supporters should still be concerned, and I am going to cover them all.

First, the actual ruling itself was stayed pending Supreme Court review. So, once it was announced the ruling would be appealed, the safest legal decision Griswold could make was to add Trump back onto the ballot.

Second, the decision by the Michigan Supreme Court was relevant here, pointing out the language of Section III, which states, “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.” The interpretation is that if Trump wins the nomination, Section III could be activated against him. Since this is just a primary, the point is moot.

Third, we have the case now being litigated regarding presidential immunity, which, if granted, makes all of these cases moot.  If not granted, Trump’s January 6 case with Judge Chutkan takes on even more significance.

Griswold made it clear where she stood in announcing her decision, stating, "Donald Trump engaged in insurrection and was disqualified under the Constitution from the Colorado Ballot.

"The Colorado Supreme Court got it right. This decision is now being appealed. I urge the U.S. Supreme Court to act quickly given the upcoming presidential primary election."

Given the importance of the case, and to stop further litigation, I expect the Supreme Court to take the case as well as to specifically outline what would make someone disqualified for a modern presidential election based on Section III of the 14th Amendment.

And that begins by defining if January 6 was, in fact, an insurrection, as well as if Trump’s actions that day incited the rallygoers to conduct an insurrection.

As you can see, this is quite a jumbled mess, and the Supreme Court will have to settle all of it before the general election.

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