# Various states, including Colorado, determine Trump is disqualified from holding office **URL:** \ **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:** 37
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [December 28, 2023, 3:58pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/722 "2023-12-28T15:58:03Z")
> [@LSLGuy](#): > > …_primary_ ballot of a _private_ organization… States run the primary elections. They coordinate it, set the time and place, setup the polls and get the poll workers and pay for the whole thing. While the parties may be private, the elections are very much public. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [December 28, 2023, 4:08pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/723 "2023-12-28T16:08:15Z")
> [@Whack-a-Mole](#): > > But, it seems, the states prefer to kick this ball down the road and let someone else deal with it. Well, that is the Republican Plan for running _everything_. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [December 28, 2023, 4:38pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/724 "2023-12-28T16:38:07Z")
> [@Whack-a-Mole](#): > > Let’s say the ineligible person wins and gets on the ballot. Then what? Winning the primary and getting on the general election ballot are not the same thing. If a party wants to nominate someone who can’t win the general, or possibly (depending on state law) can’t even get on the general election ballot, that’s their problem. Of course, it’s not at all rare or unprecedented for a party to nominate someone, and then that someone doesn’t get on the ballot. It happens all the time. It’s rare that it would happen to one of the two largest parties in the country, but the laws are the same for large parties as for small parties. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [December 28, 2023, 4:41pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/725 "2023-12-28T16:41:03Z")
> [@Whack-a-Mole](#): > > The US Constitution supersedes state law. The states should not need a special law to deal with this. > > If Person-A engaged in insurrection they cannot hold office. Therefore, putting them on any ballot is just a waste of time and money and confuses voters. As I’ve stated previously, I don’t see any way a responsible, sane SCOTUS can sidestep this, as much as they’d prefer. It is beyond chaos that a candidate can be declared ineligible in one state and eligible in another— for _the same act_, relative to _the same Federal law_. A candidate is either eligible for the presidency or he is not—_for every state_. Regardless of whether or not our federated model permits threading a Constitutional needle that kicks the can down the road, permitting state-by-state interpretations, SCOTUS must step in _now_ and say, “Okay, this is what it means, and this is how it works, _for everyone_.” The Constitution is not a suicide pact, as the saying goes. SCOTUS must have the courage to make a stand and make the call. Any other scenario is madness. Damn it, I used up my daily italics ration in one post. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [December 28, 2023, 4:41pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/726 "2023-12-28T16:41:07Z")
> [@Whack-a-Mole](#): > > What I fail to understand is how two states differ on: They haven’t differed. The Colorado ruling did address Trump’s eligibility. The Michigan ruling did not, because they held that the Michigan Secretary of State lacked the statutory authority under Michigan law to screen qualifications at the primary ballot stage. > [@Whack-a-Mole](#): > > States run the primary elections. They coordinate it, set the time and place, setup the polls and get the poll workers and pay for the whole thing. While the parties may be private, the elections are very much public. Right, but if the state law doesn’t provide for pre-screening, that’s a decision of the state legislature. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [December 28, 2023, 4:47pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/727 "2023-12-28T16:47:52Z")
> [@Northern\_Piper](#): > > The Michigan ruling did not, because they held that the Michigan Secretary of State lacked the statutory authority under Michigan law to screen qualifications at the primary ballot stage. Does that mean I can submit a list of 100,000 people to go on the ballot in Michigan for the Whack-a-Mole party? If they cannot screen qualifications then what stops me from doing that? ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [December 28, 2023, 4:51pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/728 "2023-12-28T16:51:27Z")
> [@Whack-a-Mole](#): > > Does that mean I can submit a list of 100,000 people to go on the ballot in Michigan? If they cannot screen qualifications then what stops me from doing that? Depending on the state, filings typically require petitions with a minimum number of state residents having signed in support of the candidate, and/or a filing fee. That’s likely to prevent a mass number of candidates filing. One of the requirements for _being_ president is being a “natural born” U.S. citizen; a podcast host name Cenk Uygur, who was born in Turkey, has declared as a Democratic candidate, and has gotten onto the primary ballot in a couple of states, apparently because the secretaries of state in those states have indicated that the laws of their states do not contain a provision for them to vet candidates for eligibility. In other states, he’s filed, but been barred from the ballot, because he’s not a natural-born citizen. ---
**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 28, 2023, 5:01pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/729 "2023-12-28T17:01:52Z")
> [@kenobi\_65](#): > > One of the requirements for _being_ president is being a “natural born” U.S. citizen; a podcast host name Cenk Uygur, who was born in Turkey, has declared as a Democratic candidate, and has gotten onto the primary ballot in a couple of states, apparently because the secretaries of state in those states have indicated that the laws of their states do not contain a provision for them to vet candidates for eligibility. In other states, he’s filed, but been barred from the ballot, because he’s not a natural-born citizen. Yes, and in case anyone missed it, we have a [thread discussing that](https://boards.straightdope.com/t/cenk-uygur-running-for-pres/991927) here in P&E. The Cenk Uygur case is much simpler. He is not a natural-born citizen so is clearly ineligible. There’s no ambiguity. The fact that he has still managed to qualify for the Democratic primary in some states just shows how some states have little to no say in who is allowed into a primary. I mean, in the case of the Democratic Party there isn’t even any ambiguity; barring something like a severe medical catastrophe or a sudden decision to not run, Biden **is** the nominee. The Democratic primary itself is a formality. It really does vary from state to state. It has nothing to do with actual eligibility for the office itself. It’s a procedural matter codified (or not) into the laws of the states. ---
**Author:** ![SingleMalt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/singlemalt/32/3961_2.png) [@SingleMalt](https://boards.straightdope.com/u/SingleMalt)\ **Post date:** [December 28, 2023, 6:59pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/730 "2023-12-28T18:59:55Z")
As I understand it, this ruling left open the door to challenge Trump’s eligibility to appear on the general election ballot, as the Executive has some statutory authority over those ballots. Trump may win the primary but be banned from the general election ballot. ---
**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 28, 2023, 11:59pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/731 "2023-12-28T23:59:28Z")
And now… Maine. > **[Maine bars Trump from ballot as US Supreme Court weighs state authority to...](https://apnews.com/article/maine-trump-presidential-ballot-election-insurrection-081fd38ce1f20be9b8423cb2f8c66dee)** > > Maine’s Democratic secretary of state is removing former President Donald Trump from that state’s primary ballot. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [December 29, 2023, 12:04am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/732 "2023-12-29T00:04:33Z")
It will be fun to watch the RW - the perennial champions of states’ rights - go apoplectic when states actually, you know, exercise their rights explicitly granted them by the constitution. ---
**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 29, 2023, 12:08am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/733 "2023-12-29T00:08:03Z")
> Bellows found that Trump could no longer run for his prior job because his role in the Jan. 6, 2021, attack on the U.S. Capitol violated Section 3, which bans from office those who “engaged in insurrection.” Bellows made the ruling after some state residents, **including a bipartisan group of former lawmakers** , challenged Trump’s position on the ballot. Bolding mine. That is what I find interesting. ---
**Author:** ![MulderMuffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldermuffin/32/2862_2.png) [@MulderMuffin](https://boards.straightdope.com/u/MulderMuffin)\ **Post date:** [December 29, 2023, 12:13am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/734 "2023-12-29T00:13:51Z")
The suit in Colorado was brought by a group of Republicans, as well. And still the lunatics shout and stomp and blame democrats in general and Biden in particular for “election interference” in removing that asshat from the primary ballot. Kinda like nearly all of the testimony damning trump in relation to January 6 as well as his illegal document retention comes from Republicans and trump employees. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 29, 2023, 12:44am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/735 "2023-12-29T00:44:03Z")
And Maine is likely consequential, albeit in a small way - 1 of Maine’s 4 votes went to Trump in 2016 & 2020. ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [December 29, 2023, 1:31am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/736 "2023-12-29T01:31:23Z")
As Maine goes, so goes the nation… ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [December 29, 2023, 1:38am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/737 "2023-12-29T01:38:32Z")
> [@Railer13](#): > > So it looks to me like it’s up to the Michigan SOS to determine eligibility. If the SOS approves, then it’s okay. > > I doubt that the Michigan SOS would approve Obama. Jocelyn Benson is a Democrat, so she probably wouldn’t have a problem with letting Obama on the ballot. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [December 29, 2023, 1:49am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/738 "2023-12-29T01:49:28Z")
> [@Q.Q.Switcheroo](#): > > As Maine goes, so goes the nation… Well, I think it does put pressure on the Supreme Court to issue an opinion, and not just decline to take up the Colorado appeal. Otherwise, we may expect a 2024 election where a possible GOP nominee is only on some of the states’ ballots. ---
**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\ **Post date:** [December 29, 2023, 1:49am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/739 "2023-12-29T01:49:51Z")
> [@Miller](#): > > Jocelyn Benson is a Democrat, so she probably wouldn’t have a problem with letting Obama on the ballot No, she wouldn’t let him on the ballot. She knows he’s ineligible. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [December 29, 2023, 1:57am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/740 "2023-12-29T01:57:38Z")
The Michigan Secretary of State would let him on the primary ballot, because, as mentioned, she doesn’t have the authority to not let him on. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [December 29, 2023, 1:58am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/741 "2023-12-29T01:58:35Z")
> [@Railer13](#): > > No, she wouldn’t let him on the ballot. She knows he’s ineligible. Okay, I’m confused. Do you mean Obama today, or Obama in 2012/2016? I thought you meant the latter, and were assuming she was a Birther. [Previous page](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412.md?page=36) [Next page](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412.md?page=38)