Colorado Supreme Court disqualifies Donald Trump from primary ballot

The state’s Supreme Court says Donald Trump is barred by the 14th Amendment’s ban on insurrectionists holding office.

Donald Trump delivers remarks during a campaign rally in Reno, Nevada. Picture: Getty Images via AFP.

Donald Trump can’t appear on the 2024 presidential primary ballot in Colorado because of his actions surrounding the Jan. 6, 2021, riot at the U.S. Capitol, the state’s highest court ruled Tuesday.

The first-of-its kind decision sided with a group of Colorado voters who argued in a lawsuit that the Republican front-runner was disqualified under a clause in the 14th Amendment. Enacted after the Civil War, the provision disqualifies from public office those who swore to defend the Constitution and then “engaged in insurrection or rebellion” against the U.S.

“President Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power,” the Colorado Supreme Court said in a 4-to-3 ruling.

A spokesman for Trump called the ruling “completely flawed” and said the campaign would swiftly appeal to the U.S. Supreme Court.

Trump’s legal team, battling similar claims in several states, has argued the challenges are an antidemocratic attempt to prevent voters from deciding the next occupant of the White House.

The state court stayed the effect of its ruling until Jan. 4 to give the former president a chance to appeal.

The Colorado case to date has focused on the Republican primary but the court’s ruling would apply with equal force to the general election.

The state litigation isn’t an existential threat to Trump’s White House bid, as the former president didn’t win Colorado in 2016 or 2020. The ruling against him, however, could provide new momentum for similar challenges in more crucial states.

The Colorado plaintiffs alleged that Trump’s speeches, social-media posts and other statements in the run-up to Jan. 6 incited the riot.

Trump had prevailed in a handful of early rulings in other states. In Minnesota last month, that state’s supreme court rejected a bid to keep Trump out of the primary, saying the Republican Party was free to put Trump on the primary ballot because that election served “internal party purposes.” In the Colorado case, a state district judge ruled last month that Trump engaged in insurrection but stopped short of blocking him from the ballot, saying she didn’t believe the 14th Amendment’s disqualification clause applied to the presidency.

Left-leaning legal watchdog Citizens for Responsibility and Ethics in Washington was part of the team representing the Colorado plaintiffs. The group’s president, Noah Bookbinder, said the decision “is not only historic and justified but is necessary to protect the future of democracy in our country. Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government.” Colorado’s Democratic Secretary of State Jena Griswold said she was taking a hands-off approach to the litigation and would follow guidance from the courts. Her office is due to set the primary ballot on Jan. 5, ahead of the state’s March 5 primary election.

If Trump does move quickly to seek review from the U.S. Supreme Court, such a maneuver would likely keep him on the primary ballot in Colorado while legal proceedings continue. The state court said it would continue to postpone the effect of its ruling if Trump takes that step.

Trump campaign spokesman Steven Cheung said the former president’s team was confident that the U.S. high court “will quickly rule in our favor and finally put an end to these un-American lawsuits.” “Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls,” Cheung said. “They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November.” Other Republicans were quick to denounce the decision. Ronna McDaniel, chairwoman of the Republican National Committee, said the ruling amounted to election interference.

“The Republican nominee will be decided by Republican voters, not a partisan state court,” McDaniel said on X, formerly known as Twitter.

Since 2021, courts and state election boards have heard a number of 14th Amendment eligibility challenges brought against Republican congressional and local candidates related to Jan. 6. The cases gained little traction. One notable exception came in New Mexico, where a judge ousted Otero County Commissioner Couy Griffin from office. A group of New Mexico residents alleged that Griffin, who was convicted of misdemeanor trespassing during the attack, helped incite the Jan. 6 mob, a charge he denied.

Dow Jones