State election officials studying whether 14th Amendment disqualifies ‘insurrectionist’ Trump from ballot

Does the 14th Amendment Disqualify ‘insurrectionist’ Trump from the State Election Ballot? Find Out Now!

Election Officials in‍ Battleground States Consider Disqualifying Trump from Running for President

Key battleground states are exploring the ⁤possibility of disqualifying Donald Trump from running ⁤for president based on⁤ the 14th Amendment’s ban on insurrectionists holding public‌ office. This provision, established after the Civil War, states that any American official who engages in insurrection​ or rebellion is disqualified from holding future office. However, the enforcement of this ban has been rarely applied and lacks clear guidelines.

Examining the Legal Viability

New Hampshire Secretary ‍of State David Scanlan, a Republican, has requested the state’s⁤ attorney general to ⁤assess the potential applicability ⁢of this provision to the upcoming presidential election. The attorney general’s office is carefully reviewing the ⁣legal issues surrounding this ⁤matter. Scanlan emphasizes that⁣ he is not‍ taking ⁣a position​ on⁢ the disqualification question‍ but is studying ⁣the ‍matter in anticipation ‍of potential lawsuits.

Potential Collaboration Among Election Officials

Michigan⁣ Secretary ‍of‍ State Jocelyn ‍Benson, a ‍Democrat,‌ has ⁣expressed​ her intention to consult with fellow election officials in other key states. She believes that if action is taken regarding the constitutional challenges, it will likely require a collective effort. ⁤Benson ⁤predicts that these challenges will ultimately be settled ‍in ​the courts.

Previous Attempts and⁤ Legal Victories

Liberal activists and constitutional scholars attempted to use the 14th Amendment last year to disqualify⁤ lawmakers associated with the January 6 insurrection. While ⁢their efforts to remove certain GOP representatives from the‌ ballot were unsuccessful, they did secure ‍a couple ‍of legal victories. These victories may aid them in ​their⁢ pursuit​ of challenging Trump’s ballot ⁢access in 2024,⁤ as ‌they argue that his indictments and direct connections to the insurrection strengthen their case.

Calls for Action

Free Speech ⁢For ⁢People, one of the groups involved in these efforts, ‍has sent letters to top⁣ election officials in several states, urging them⁢ to invoke the “Constitution’s Insurrectionist Disqualification ​Clause” and exclude Trump from the ballot. ‌However,⁣ it is unlikely that any secretary of state would take such aggressive action independently, and any such‍ action would likely face ‌immediate legal ​challenges. Multiple groups have ‌pledged to file lawsuits seeking to disqualify ​Trump.

Debate and Endorsement

While these efforts have primarily been championed by⁢ liberal activists, prominent conservative legal scholars have recently endorsed the idea. ⁢The merits of‍ disqualifying Trump​ based on the 14th ⁤Amendment are still ‍heavily debated within ​the ‌legal ⁣community.

Trump’s ‍Denial and Current Status

Trump has consistently denied any wrongdoing regarding the January 6 insurrection. However, he has⁤ been indicted on federal and state charges​ related to his attempts to undermine the 2020 election,‍ including his ⁣role in fueling the violence at the​ US Capitol. Despite these legal challenges, Trump maintains a significant lead over his rivals for the GOP primary‌ nomination.
Title: Does the 14th⁣ Amendment Disqualify ⁤’Insurrectionist’ Trump from ‌the State Election Ballot?


The 14th Amendment of the United⁢ States Constitution is a cornerstone of American civil rights‌ law, ⁤guaranteeing equal protection under​ the law to all‌ citizens. However, recent events have raised questions about its potential application in disqualifying former President Donald Trump, who ⁤has ​been accused of inciting the ⁣January 6th insurrection at ‍the U.S. Capitol, from appearing on state election⁤ ballots. This article aims to explore the legal implications of the 14th Amendment and its potential impact ⁢on Trump’s‌ eligibility for future political office.

Understanding‍ the ⁣14th Amendment

The 14th Amendment was ratified in​ 1868, primarily to⁤ address the⁢ rights ⁢of newly freed‍ slaves after the Civil ​War. It⁤ contains several ​clauses, but‌ the relevant section ⁤for our‌ discussion is Section 3, 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, ⁣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.”

Insurrection and its Application

The events of ​January 6th, 2021, when a violent mob stormed the U.S. Capitol, have been widely condemned as an act of insurrection against the United States government. ⁣While the ‍legal definition of insurrection may vary, it generally ‍refers to a violent uprising against established‍ authority. ‍Critics argue that Trump’s rhetoric⁢ and actions leading‌ up to‍ the Capitol attack, including his repeated false claims ⁣of election fraud and his encouragement of supporters to “fight like hell,” meet the threshold of⁣ incitement to insurrection.

Disqualification from State ⁢Election Ballots

The 14th ​Amendment’s Section 3‌ raises the question ⁣of whether Trump’s⁣ alleged involvement in inciting the insurrection disqualifies ⁣him⁢ from holding any office, including appearing on ​state election ballots. While the language⁣ of the amendment does not explicitly mention presidential or state elections, legal scholars argue that the broad wording ⁣encompasses all offices, both federal and state.

However, the application ⁤of ⁣the ‌14th Amendment to disqualify Trump from future elections is not without controversy. Some ‍argue that ​the amendment’s⁤ intent was primarily to address the post-Civil War era and may not be applicable to modern ⁣political circumstances. Others contend⁤ that the impeachment trial‌ held after Trump’s presidency, which resulted in his acquittal, may have already addressed his ‌alleged involvement in the insurrection, making further ⁣disqualification redundant.


The​ question of whether the 14th Amendment disqualifies Donald Trump from appearing on state election ballots is a complex legal matter ‍that requires careful consideration. While the amendment’s ⁣language appears broad enough to encompass his alleged involvement in inciting the insurrection, ‍its‌ application to modern political circumstances remains a subject⁢ of debate. Ultimately, ⁢the interpretation and enforcement ⁢of⁤ the 14th Amendment ⁤will likely be determined​ by the courts, who will weigh ‍the constitutional rights of⁤ individuals against the need​ to protect the integrity of⁤ the democratic process.

As⁣ the legal and political landscape continues to evolve, it is crucial to maintain a robust ⁢and informed discussion on the implications ⁢of the 14th Amendment and its⁢ potential impact ‍on the eligibility ‌of individuals seeking public office. Only through a⁤ thorough examination of ⁢the‍ law and its historical context can ⁢we arrive at‌ a fair and just resolution to this important question.

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