Trump’s name is on the New York ballot, but whether it will stay there is still being determined. The lawsuits to keep the former president are arriving while the nation awaits the SCOTUS’ eligibility decision.
“Unprecedented times”
Democratic State Senator Brad Hoylman-Sigal told Politico, “These are unprecedented times when a president of the United States incites an insurrection attempting to overturn the results of the democratic election in our nation.” He added, “We cannot let that stand.”
The New York Supreme Court is gathering filings
New York lawmakers filed a lawsuit to the N.Y. Supreme Court to keep the former president off the ballot on February 6. Alongside Senator Brad Hoylman-Sigal are New York City Council member Shekar Krishnan and petitioner Gertrude Fitelson. In their filing, they cited Trump’s role in inciting Capitol riots.
The New York Board of Election said Trump will be on the ballot
Despite the New York Board of Election confirming that the former president will be on the ballot in April, the filing argues that “Donald J. Trump engaged in that insurrection through his personal actions before and on January 6, 2021, including without limitation summoning a crowd to come to Washington D.C. on January 6 and telling the crowd, which he knew was armed, to march to the Capitol and ‘fight like hell’ under ‘very different rules.'”
Colorado’s decision
The complainants also wrote about Colorado’s decision to keep Trump off the ballot under the 14th Amendment, Section 3. The New York filing states, “The courts of the State of New York must give full faith and credit to the judicial proceedings of the State of Colorado. Therefore, this Board is required to adopt the judgment of the Colorado Supreme Court that Donald J. Trump is ineligible to serve as President of the United States.”
“Free pass”
The Senator told Newsweek that giving Trump “a free pass from the consequences” regarding the “insurrection” will only give him more confidence to overturn the election. He added, “It will encourage political violence and potentially usher in a dictatorship.”
“Plainly disqualified”
Krishnan emailed Newsweek that Trump was “plainly disqualified” due to the 14th Amendment. Krishnam added, “Allowing him to remain on the ballot would undermine the rules of our democracy and would be an insult to voters.”
New York’s GOP Commissioner on the requests
Commissioner Tony Casale confirmed to Politico that a “bunch of correspondence” asked the New York Republicans to remove Trump from the ballot. Yet, Casale said, none of the people who wanted Trump’s name not to be included on the ballot took legal action.
“Misreading” the Constitution
Krishnan and Hoylman-Sigal said in a joint statement, “The decision by New York State’s Board of Elections to allow Donald Trump to appear on the Republican primary ballot is a misreading of the U.S. Constitution.”
Colorado Supreme Court’s historic decision
After the Colorado Supreme Court confirmed Trump’s ban from the ballot, Trump appealed and took the case to the Supreme Court. Trump’s lawyers say that a part of the Constitution didn’t apply to the president because he took an oath to “reserve, protect and defend” not to “support” the United States.
“Officer” not “president”
Trump’s lawyers also argue that Section 3 talks about “officers,” not “presidents,” and that January 6 was not an “insurrection.” Instead, Trump was involved in “practicing free speech.”
Situation in Maine
The Democratic secretary of state removed Trump from the ballot in Maine. However, that decision has been suspended pending the Supreme Court’s ruling.
Meanwhile, the House and Senate GOP took some measures
Matt Gaetz, Florida GOP, and Elise Stefanik, NY Republican, introduced a resolution declaring that Trump “did not engage in insurrection.” This resolution will be matched with a Senate bill by Senator J.D. Vance, an Ohio Republican.
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