# Various states, including Colorado, determine Trump is disqualified from holding office

**URL:** <https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [August 11, 2023, 4:27pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412 "2023-08-11T16:27:05Z")\
**Posts on this page:** 20\
**Page:** 28

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**Author:** ![Mijin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mijin/32/9369_2.png) [@Mijin](https://boards.straightdope.com/u/Mijin)\
**Post date:** [December 20, 2023, 9:06pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/542 "2023-12-20T21:06:41Z")

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> [@JohnT](#):
>
> “We don’t want to invoke the 14th amendment against this guy because reasons” is arguing that he is above the Constitution.

That false quote is the exact opposite of what I have consistently said.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 20, 2023, 9:26pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/543 "2023-12-20T21:26:21Z")

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> [@Mijin](#):
>
> That false quote is the exact opposite of what I have consistently said.

What I’ve read in what you’ve posted here is that yes, the judiciary has done the right thing, and you’re not objecting to their actions.

But you also wish this didn’t happen because you feel it will strengthen Trump’s reelection efforts.

So I don’t think it’s unreasonable to assume that you don’t think Trump is above the law, but for political reasons you wish he kind of was a little in just this one situation. And some folks aren’t very receptive to that idea.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [December 20, 2023, 9:26pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/544 "2023-12-20T21:26:59Z")

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> [@Northern\_Piper](#):
>
> None of that can be constitutionally vague, because it’s in the Constitution itself.
> 
> Courts will have to determine what “engaged in insurrection” means, just like they have to determine what other broad clauses, like “freedom of speech”, “right to bear arms”, and “cruel and unusual punishment” mean.

Fine. Call it “unenforceably vague” or whatever you want. My point is SCOTUS can interpret the ruling out of existence.

> [@SingleMalt](#):
>
> If the Colorado ruling is upheld, then Trump is ineligible for the office and no electors can be awarded to him.

If the Colorado ruling is upheld, we have to rely on the good faith of 50 Secretaries of State to strike Trump from the ballot, of Republican electors from not voting for him anyway, and of Congress not to accept those votes as valid. This is a high stakes moment.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 20, 2023, 9:39pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/545 "2023-12-20T21:39:02Z")

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It’s also possible that the SCOTUS will say this is a state matter and decline to take the case.

It would be something of a win/win… They avoid controversy while at the same time they screw him over (because they don’t seem to like him much IMO).

It’s also consistent with how the Roe v Wade decision was done; kick it back to the states to figure it out.

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**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [December 20, 2023, 9:49pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/546 "2023-12-20T21:49:31Z")

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> [@Atamasama](#):
>
> they screw him over

But do they? Biden was probably going to lose Colorado anyway. And even if every blue state followed suit and barred Trump from their ballots, it still wouldn’t hurt Trump.

Now, if a purple state with blue leadership barred Trump from the ballot, we might be getting somewhere.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 20, 2023, 9:56pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/547 "2023-12-20T21:56:27Z")

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> [@Akaj](#):
>
> But do they? Biden was probably going to lose Colorado anyway. And even if every blue state followed suit and barred Trump from their ballots, it still wouldn’t hurt Trump.

I think it would hurt him a lot if people on the fence (they exist) decide they can’t vote for a guy that can’t even get on the ballot in some places because he engaged in insurrection.

That would include some conservatives who don’t like him but haven’t been convinced that he’s bad enough to lose their vote yet. They might not even vote for Biden, but if they stay home or vote third party that is a loss for Trump.

I don’t see any way this doesn’t hurt him.

Now… If this is overturned, it _could_ help him. Though it might depend on the reason for it being overturned.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [December 20, 2023, 9:58pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/548 "2023-12-20T21:58:55Z")

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This first decision concerns the Republican primary. I think the uncertainty of this issue might hurt Trump there. I heard a guy on the radio this morning say he voted for Trump twice, but won’t in the primary this year (but would in the general if he’s nominated) Republicans have alternatives, and perhaps enough of them are getting sick of Trump.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 20, 2023, 10:00pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/549 "2023-12-20T22:00:44Z")

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> [@Procrustus](#):
>
> This first decision concerns the Republican primary.

I didn’t even think about how this might impact the primary.

He seems to have such a lock on the nomination that I almost think it doesn’t matter, but you never know. If this gives an angle for other candidates to attack him and it works, then anything could happen.

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**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [December 20, 2023, 10:06pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/550 "2023-12-20T22:06:02Z")

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> [@Atamasama](#):
>
> I think it would hurt him a lot if people on the fence (they exist) decide they can’t vote for a guy that can’t even get on the ballot in some places because he engaged in insurrection.

Depends where they are. If there are enough of them in places like Texas, Ohio and Florida, sure, it turns into a Biden landslide. And maybe it also has downticket effects, because those same fencesitters may not vote for lower offices, either.

> [@Atamasama](#):
>
> Now… If this is overturned, it _could_ help him.

Part of me can’t even believe we’re having this discussion – that a presidential candidate could be _helped_ by a state supreme court ruling he’s unfit to even be on the ballot. This country has lost its mind.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [December 20, 2023, 10:06pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/551 "2023-12-20T22:06:33Z")

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> [@Akaj](#):
>
> This country has lost its mind

About half of it has, for sure.

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<div class="post-metadata">

**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 20, 2023, 10:07pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/552 "2023-12-20T22:07:28Z")

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> [@Akaj](#):
>
> Part of me can’t even believe we’re having this discussion – that a presidential candidate could be _helped_ by a state supreme court ruling he’s unfit to even be on the ballot. This country has lost its mind.

Ugh, yes. 😞

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**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\
**Post date:** [December 20, 2023, 11:10pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/553 "2023-12-20T23:10:03Z")

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> [@Akaj](#):
>
> Biden was probably going to lose Colorado anyway.

Did you mean that Biden was probably going to win Colorado anyway (or that Trump was probably going to lose it anyway)?

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<div class="post-metadata">

**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [December 20, 2023, 11:13pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/554 "2023-12-20T23:13:17Z")

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🤦‍♂️ 🤦‍♂️ Both. 🤦‍♂️ 🤦‍♂️

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [December 20, 2023, 11:19pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/555 "2023-12-20T23:19:29Z")

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> [@Akaj](#):
>
> Biden was probably going to lose Colorado anyway. And even if every blue state followed suit and barred Trump from their ballots, it still wouldn’t hurt Trump.

Colorado went 55% for Biden in 2020. It is solidly blue.

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [December 20, 2023, 11:30pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/556 "2023-12-20T23:30:03Z")

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> [@Atamasama](#):
>
> It’s also possible that the SCOTUS will say this is a state matter and decline to take the case.

I’d be shocked if they did this, because the ruling relies on the interpretation of a Federal Amendment to the Constitution, rather than state law. And with this issue popping up in other states and the stakes involved, I’d be a bit surprised if SCOTUS doesnt get involved.

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**Author:** ![Askance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/askance/32/8281_2.png) [@Askance](https://boards.straightdope.com/u/Askance)\
**Post date:** [December 20, 2023, 11:41pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/557 "2023-12-20T23:41:23Z")

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> [@Akaj](#):
>
> And even if every blue state followed suit and barred Trump from their ballots, it still wouldn’t hurt Trump.

Aren’t there some states where the electors are split according to the candidates’ votes, rather than all having to vote for the winning candidate? If so losing some electors from blue states **will** hurt Trump’s chances. And a good thing too.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [December 21, 2023, 12:19am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/558 "2023-12-21T00:19:51Z")

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> [@Akaj](#):
>
> But do they? Biden was probably going to lose Colorado anyway.

Don’t you mean Trump was gonna lose Colorado?

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**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\
**Post date:** [December 21, 2023, 12:20am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/559 "2023-12-21T00:20:56Z")

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Maine and Nebraska, for a total of 9 votes.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [December 21, 2023, 2:04am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/560 "2023-12-21T02:04:40Z")

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> [@Askance](#):
>
> Aren’t there some states where the electors are split according to the candidates’ votes, rather than all having to vote for the winning candidate?

Only states with very few electors. Maybe you are thinking of the primaries? Lost of states used to be 'winner take all" but that is unusual now.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [December 21, 2023, 2:52am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/561 "2023-12-21T02:52:46Z")

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> [@Mijin](#):
>
> They don’t need ammunition but this has helped them a lot.  
> I browsed a few conservative channels and you can see the elation behind the faux outrage.

I heard that Trump and the MAGAts were going to stop the “Wahhhh, I’m a victim here” wailing tomorrow, but this just energized them. Ha ha ha ha ha ha ha (gasp) ha ha ha ha ha ha! Not really.

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