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Donald Trump: Where is former president facing 14th Amendment challenges?


Lawsuits challenging Donald Trump’s eligibility to appear on the 2024 presidential primary ballots have sprung up in several states.

Individuals and left-wing organisations have claimed that Mr Trump violated Section Three of the 14th Amendment – known as the insurrection clause – citing his involvement in the January 6 attack on the US Capitol.

Section Three of the amendment prohibits those who take part in insurrections or aid enemies of the US government from taking office.

To date, such challenges have been brought in both federal district and state courts across at least 16 states.

So far only one state, Colorado, has removed Mr Trump from the ballot under the 14th Amendment. The state’s Supreme Court ruled on 19 December that the former president is ineligible to appear on the state ballot and cannot be considered an option for the White House.

While Mr Trump says he plans to appeal the Colorado decision, likely taking the case up to the US Supreme Court, he is also preparing for challenges, appeals and decisions in other states.

Here’s a look at the other challenges to Mr Trump’s eligibility for the 2024 race:

Michigan

After a lawsuit was filed to remove Mr Trump from the race in Michigan, a state court judge ruled in November that Mr Trump could appear on the ballot.

The judge said that neither courts nor the Michigan Secretary of State have the authority to determine when someone is eligible to run for office.

The judge claimed Section Three of the 14th Amendment was a “political question” which is non-justiciable.

Free Speech For the People, a liberal group, appealed the decision but the state’s appeals court upheld the lower court’s decision.

Minnesota

The Minnesota Supreme Court dismissed a lawsuit in the state seeking to remove Mr Trump from the ballot in November.

After hearing oral arguments in the case, the justices said that neither election officials nor the court had the authority to stop the Republican Party from making Mr Trump the party’s official nominee.

However, plaintiffs could re-challenge Mr Trump’s ability to appear on the general election ballot.

Oregon

Oregon Secretary of State LaVonne Griffin-Valade has said she would keep Mr Trump’s name on the primary ballot, citing her lack of authority to determine the qualifications of candidates.

But at the beginning of December, Oregon voters and the organisation Free Speech for People filed a petition to the state’s Supreme Court challenging Mr Trump’s eligibility under the 14th Amendment.

Arizona

A federal judge dismissed a lawsuit brought by John Anthony Castro, an individual running as a 2024 Republican presidential candidate, claiming that Mr Castro did not have the standing to challenge Mr Trump’s eligibility.

Mr Castro, who has little campaign presence or financial contributions, claimed he was suffering competitive injury against Mr Trump who should be disqualified under the 14th Amendment.

But a federal judge said Mr Castro was not legitimately competing with Mr Trump.

Other lawsuits brought forth by Mr Castro in New Hampshire, Rhode Island, Florida, California, Montana, Idaho, Kansas, Alaska, Oklahoma, Connecticut, Massachusetts, Utah and North Carolina were also dismissed.

Former President Donald Trump attends a campaign rally, in Durham, N.H., Saturday, Dec. 16, 2023

(Copyright 2023 The Associated Press. All rights reserved.)

Maine

Maine Secretary of State Shenna Bellows is expected to decide Mr Trump’s primary ballot eligibility next week.

Ms Bellows held a hearing last week to further evaluate three separate complaints, brought by former Maine politicians and a lawyer, regarding Mr Trump’s eligibility.

New Jersey

A resident of New Jersey filed a complaint to a state superior court claiming Mr Trump is ineligible under the 14th Amendment.

The attorney general of the state asked the court to dismiss the case citing its lack of ripeness and jurisdiction.

Wyoming

A Wyoming resident filed a lawsuit in a state district court in November seeking to remove Mr Trump as well as Senator Cynthia Lummis from appearing on the 2024 primary ballot.

Virginia

Two residents of Virginia have filed federal lawsuits requesting Mr Trump be removed from the state’s primary ballot.

Mr Trump and the Republican Party of Virginia have made a motion to dismiss the case.

New York

A New York Republican and attorney have filed a lawsuit in district court asking that neither Mr Trump, nor any of his 18 co-defendants in the Georgia election interference case, be permitted to participate or hold office in New York.



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