New Hampshire Secretary of State David Scanlan said on Wednesday that there is no legal basis to keep former President Donald Trump off the 2024 primary ballot as he seeks reelection, based on the 14th Amendment.
“There is no mention in the New Hampshire state statute that a candidate in a New Hampshire presidential primary can be disqualified using the 14th Amendment of the United States Constitution mentioning insurrection or rebellion,” he told news outlets in a statement. “There is nothing in the 14th Amendment that suggests that exercising the provisions of that amendment should take place during the delegate selection process held by the different states.”
The 14th Amendment, ratified after the Civil War, gave equal protection under the law to all persons born or naturalized in the United States. It added a section that allowed the federal government to punish states that infringed on a citizen’s right to vote, and a third section that disqualified those who participated in the rebellion or insurrection against the nation to hold office, unless two-thirds of Congress made such an exception for the candidate.
Mr. Scanlan said that “nothing in our state statue that gives the secretary of state the discretion in entertaining qualification issues once a candidate swears under the penalty of perjury that they meet the qualifications to be president.” He added that once the candidate applies according to the proper procedures, their name “will appear on the ballot.”
He further added that “in a situation where some states permit a name to appear on the ballot and other states disqualify it, there’s going to be chaos, confusion, anger and frustration.”
Mr. Scanlan explained that the U.S. Supreme Court was the only authority that could make such a determination, and that a constitutional disqualification would have to apply “across the board,” in all 50 states or not at all.
