A trial will begin on Oct. 30 in Colorado to decide whether the 14th Amendment will apply to former President Donald Trump, keeping him off the state’s primary ballot as he seeks to run for reelection in 2024.
On Sept. 22, President Trump filed a motion to dismiss the case, along with the Colorado Republican State Central Committee. On Sept. 29, he filed another motion to dismiss with additional Constitutional arguments. On Oct. 11, President Trump’s first motion was denied.
“The Petitioners have alleged that the Secretary is ‘about to’ take an unlawful act because she has publicly stated that she will not exclude Intervenor Trump. This is consistent with public statements that the Secretary welcomes the Court’s direction as well as her Omnibus Response to Motions to Dismiss,” Judge Sarah Wallace wrote on Oct. 20, rejecting the rest of the motions to dismiss the lawsuit.
“Based on the clear language of the statute, the fact that Intervenor Trump has submitted his Major Party Candidate Statement of Intent, and Secretary Griswold’s statements both in public and in this litigation, the Court holds that this matter is ripe for decision.”
She added that the constitutionality of Colorado’s election law was beyond the court’s jurisdiction, and the court would only deal with violations of the state’s election code.
Lawsuit
The left-leaning Citizens for Responsibility and Ethics in Washington group originally filed a lawsuit on behalf of six Republican and unaffiliated voters in Colorado.
They named the Colorado Secretary of State Jena Griswold, arguing she was illegally keeping President Trump on the state’s primary ballot.
Ms. Griswold responded with a statement welcoming the court to make a decision.
” I look forward to the Colorado Court’s substantive resolution of the issues and am hopeful that this case will provide guidance to election officials on Trump’s eligibility as a candidate for office,” she stated.
Colorado’s voting law is unclear in addressing eligibility, Ms. Griswold pointed out. The statute requires a candidate to be “eligible” but does not list the requirements of eligibility.
14th Amendment
Since President Trump left office, left-leaning groups have floated legal theories of how to ban him from seeking reelection. In 2021, the liberal group Free Speech For People sent letters to election officials across the nation arguing President Trump was ineligible for office under Section 3 of the 14th Amendment, but the idea picked up little steam.
