A judge in Colorado declined to toss out a lawsuit attempting to disqualify former President Donald Trump from the presidential ballot in the state in 2024.
Trump’s lawyers had argued eligibility to appear on a presidential ballot is up to Congress rather than the courts. Judge Sarah Wallace rejected Trump’s arguments, saying that the Colorado District Court may rule on the question of eligibility for the ballot in the state, in a decision on Wednesday.
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“The Court notes, however, it would be strange for Congress to be the only entity that is empowered to determine the disability and then also the entity that is empowered to remove it,” Wallace said in the ruling.
The Citizens for Responsibility and Ethics in Washington filed the lawsuit in district court in Denver, Colorado, last month on behalf of six Republican and nonaffiliated voters who claim Trump is ineligible under Section 3 of the 14th Amendment. The lawsuit alleges that Trump violated his constitutional oath as president when he allegedly incited an “insurrection” with the Capitol riot on Jan. 6, 2021.
Wallace also ruled that states can use the power in the 14th Amendment to disqualify candidates, saying that “states can, and have, applied Section 3 pursuant to state statutes without federal enforcement legislation.”
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Attempting to disqualify Trump from the presidential ballot in 2024 based on the 14th Amendment has been discussed by some election officials, with Trump claiming it has “no legal basis or standing” and is another “trick” to attempt to derail his presidential campaign.
The lawsuit in Colorado was the first challenge to the former president’s eligibility, with subsequent challenges being filed in other states, including Michigan, Minnesota, and Oklahoma.
