Tuesday, August 15, 2023

How section 3 of the 14th Amendment might be used to bar Trump from appearing on Presidential ballots


An election law professor at the Ohio State University argues that President Trump is ineligible to be President under section 3 of the 14th Amendment and that state election officials should not place his name (i.e. his electors) on their respective ballots. He goes on to describe how to execute this idea:

"If a state statute has not already authorized administrative officers to seek disqualification of presidential candidates, then — as the Supreme Court signaled this year — it might be a usurpation of the state legislature's prerogative to determine the "manner" of conducting presidential elections for these officials to assert this power on their own.

"Consequently, the safest course is for a state legislature to clarify, by enacting a new statute as soon as possible, that its election officials have the power to remove insurrectionists from the presidential ballot. A new statute could create an expedited timetable to ensure that the case reaches the Supreme Court in time for a decision before the Republican convention in July."


Charlie Cooper

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