# 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:** 1\
**Showing post:** 414

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**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 20, 2023, 5:20am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/414 "2023-12-20T05:20:25Z")

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> [@Saint\_Cad](#):
>
> > [@Fear\_Itself](#):
> >
> > The standard is a civil question, and the civil standard is “by a preponderance of the evidence”, which the Secretary of State can determine without a conviction in court.
> 
> Which is dangerously close to a bill of attainder.

Not at all. A bill of attainder is a retroactive statute, imposing criminal liability on an individual.

Here, the legal standard was added to the Constitution over 150 years ago. It does not impose criminal liability on anyone, or on anyone specifically. It sets one of the qualifications for being president.

The argument is that the Secretary of State of a state can make the initial determination whether a proposed candidate meets the constitutionally required qualifications. That determination would be subject to judicial review.

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