Disqualification of a Candidate for the Presidency, Part II: Examining Section 3 of the Fourteenth Amendment as It Applies to Ballot Access

"Numerous lawsuits across the country have sought or are seeking to prevent former President Donald Trump from appearing on state ballots for the upcoming presidential elections. In particular, these suits, filed in both state and federal courts, are requesting that various secretaries of state exclude the former President from the states’ ballots for the upcoming presidential primary and general elections. Plaintiffs allege that Trump’s efforts to impede the congressional certification of the 2020 electoral college vote by, among other things, urging his supporters to march to the U.S. Capitol on January 6, 2021, amount to “engag[ing] in insurrection” within the meaning of Section 3 of the Fourteenth Amendment. Plaintiffs contend that the former President is therefore disqualified as a candidate for the presidency. Many of the lawsuits challenging Trump’s ability to be placed on state ballots have been dismissed by courts on jurisdictional grounds without reaching the merits of the constitutional claims.

On December 19, 2023, the Colorado Supreme Court became the first court to hold that former President Trump is ineligible to appear on the ballot because he is constitutionally disqualified from holding the office of the President, and the court directed the Colorado secretary of state to exclude the former President’s name from the state’s 2024 presidential primary ballot. That decision has been stayed until January 4, potentially enabling Trump the opportunity to appeal the decision to the U.S. Supreme Court before it goes into effect. (As of the date of this Sidebar, the Colorado Republican State Central Committee has reportedlyfiled a petition of certiorari with the U.S. Supreme Court challenging the state court ruling.)

This Legal Sidebar is Part 2 in a two-part series examining how Section 3 of the Fourteenth Amendment applies to ballot access by a presidential candidate. It discusses the eligibility requirements for a candidate to be placed on the ballot for the presidency and the application of Section 3 to the 2024 presidential elections. Part 1 focuses on the meaning of Section 3 as it applies to the presidency, including a discussion of the recent case disqualifying Trump from the ballot in Colorado, Anderson v. Griswold. For further background on Section 3, including whether it requires implementing legislation from Congress to take effect, see this Legal Sidebar and this Legal Sidebar.."
Presidency disqualification