this post was submitted on 19 Dec 2023
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The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.

In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”

“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.

“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”

Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.

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,” Trump campaign spokesperson Steven Cheung said in a statement.

Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.

LINKS

AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website

Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net

CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma

NBC News: Colorado Supreme Court kicks Donald Trump off the state's 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4

CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix

CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva

New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net

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[–] Telorand@reddthat.com 3 points 11 months ago* (last edited 11 months ago) (1 children)

I think that's a prescient question, but my guess is that if enough people wrote him in, and he won in the general election, Republicans would just send their slate of electors as a show of fealty.

[–] intensely_human@lemm.ee 3 points 11 months ago (1 children)

Republicans have a slate of electors that they can send? What do you mean?

[–] Telorand@reddthat.com 2 points 11 months ago

Each party selects a slate of electors before the general happens to send after the votes are tallied. Those electors are tasked with voting for the candidate who won the most votes in the state (with a few states splitting that vote by special districts). They sign their names to a certificate that makes its way to Congress for the final tally. Electors are tasked with voting how the people vote, and they take that job very seriously.

What happened with Trump is the losing party selected an extra slate of electors in secret who agreed to sign a fraudulent certificate, and they tried to send that one to supercede the real one. They were acting as a group of "faithless Electors," which is a thing that can happen, but the only times it's happened is generally a single vote, that wouldn't affect the outcome of the election, as a form of protest.

I hope that clears things up.