The Colorado GOP has made a bold move by appealing to the U.S. Supreme Court to keep former President and current GOP frontrunner Donald Trump on the state’s primary ballot. This development indicates that President Trump will likely remain on the ballot. According to the Colorado Secretary of State’s office, unless the U.S. Supreme Court declines to take the case or confirms the Colorado Supreme Court ruling, President Trump will be included as a candidate on Colorado’s 2024 Presidential Primary Ballot when certification occurs on January 5, 2024.
However, Secretary Jena Griswold expressed her support for the Colorado Supreme Court ruling to disqualify President Trump. She stated, “Donald Trump engaged in insurrection and was disqualified under the Constitution from the Colorado Ballot. The Colorado Supreme Court got it right.” She urged the U.S. Supreme Court to act quickly given the upcoming presidential primary election. On Dec. 19, the Colorado Supreme Court ruled President Trump ineligible as a candidate under Section 3 of the 14th Amendment, which prohibits individuals who have taken an oath of office and participated in an “insurrection” or “rebellions” from returning to office without a two-thirds vote from Congress to remove the disability.
The ruling included conditions stating that unless an appeal is filed in the U.S. Supreme Court, the Colorado Secretary of State will have to follow any U.S. Supreme Court decision. Therefore, if the U.S. Supreme Court rejects the case by Jan. 4, President Trump will be removed from the primary ballot, but otherwise, he will remain on the ballot. Legal experts and state secretaries have long anticipated the U.S. Supreme Court to weigh in on the novel legal theory challenging President Trump’s eligibility.
The Colorado GOP has presented three specific questions to the U.S. Supreme Court, addressing Section 3 and the First Amendment. Spokespersons for President Trump have also announced their intention to file a petition for immediate review before the U.S. Supreme Court. The high court may choose to reject the case, but President Trump will still appear on the Colorado primary ballot. Nonetheless, it is possible that another wave of disqualification challenges may occur before the general elections as President Trump’s eligibility remains a contentious issue.
The situation is further complicated by the fact that Colorado is the only state to have heard arguments regarding “insurrection” in court, based on the controversial January 6 Select Committee report. Meanwhile, in Maine, Secretary of State Shanna Bellows held a public hearing after three challenges to President Trump’s eligibility were submitted to her office. The issue of insurrection was argued as well, and attorneys for President Trump have requested Bellows’ recusal from the decision-making process due to her public statements regarding Jan. 6. All eyes are now on the U.S. Supreme Court as the fate of President Trump’s ballot eligibility hangs in the balance.
