On September 9, Colorado Secretary of State Jena Griswold appeared on MSNBC and said that the 14th amendment, section 3, likely gives her the authority to bar former President Donald Trump from the Colorado Republican presidential primary ballot. See this story.
The 14th amendment, section 3, does not give any government official the authority to block voters from voting for whom they wish. It provides that certain persons may not “hold any office, civil or military, under the United States, or under any state”, but it does not say that the government has the power to block voters from voting for such a person.
When the 14th amendment was written, voters had complete ability to vote for anyone they wished, because voters were permitted to prepare their own ballots.
The 14th amendment, section 3, also says Congress may by a vote of two-thirds of each House remove the restriction on an individual. It does not set time limits for Congress to do this. It is feasible that if the candidate were elected, congress could hold such a vote after the election but before inauguration day. But if state officials could block individuals from competing in an election, that would short-circuit that process.
Voters in the 19th century had more freedom than voters of the 21st century. This shrinkage in the power of voters has occurred almost without anyone noticing. There are very few scholarly articles that discuss how voters have lost the fundamental right of free choice. When the U.S. Supreme Court ruled in 1992 in Burdick v Takushi that there is no unlimited right for a voter to vote for anyone, there was very little criticism of the decision.
I wonder if there are precedents for states keeping candidates off of a ballot for other requirements to HOLD office, such as being too young, not being a natural born citizen, etc. Any voter could still write in a non-qualified candidate.
Jena Griswold is engaging in insurrection and treason against the United States by falsely claiming President Trump engaged in insurrection, and by openly trying to help steal a second election in a row from President Trump on behalf of the Chinese Communist Party and their senile puppet Joe Biden.
14-2 RIGHT TO VOTE
14-3 CONVICTION
MORE GOVT/PARTY HACKS THAN EVER ???
—–
P-A-T
Repeal the 14th amendment.
Sounds like a communist.
She is.
I recall in California and Utah the SOS did keep Eldridge Cleaver off the ballot for POTUS.
He was underage for President in 1968 when he was the nominee of the peace and freedom party, so there were other grounds to keep him off the ballot besides being a communist revolutionary and fugitive criminal. Other insurrectionists who were presidential of VP candidates included Angela Davis, Mumia Abu Jamal and Leonard Peltier.
Eldridge Cleaver received 27,707 votes in California for POTUS in 1968.
Source US election atlas. Same source says 180 votes in Utah, so those could have been write in , or not. Wallace got 26,906, but he also got close to 10 million nationwide (including my own personal vote) as opposed to 36,571 for unqualified, underage fugitive Cleaver. He did get excluded from the ballot in New York and Hawaii for not being old enough to be President. The cases were called Jones v Gill and Garst vs Lomenzo.
WHICH PREZ YEAR WITH THE MOST CONST N-O-T QUALIFIED CANDIDATES -2-1-5 ???
ANY OF THEM GET NAMES ON BALLOTS ???
Numerous unqualified candidates have had names on ballots. Some of the commie parties routinely run candidates who are underage and or foreign born. In 2008 there was controversy over both major party nominees since Obongo was actually born in Kenya and McCain was born in Panama. I thought I remembered reading Bob Barr was born overseas but his bio says he was born in Iowa and raised overseas before returning to the US for college.
Angela Davis was an insurrectionist in the 1960s and 70s, including spending some time on the FBI ten most wanted fugitives list and numerous trips to various third world and communist dictatorships in support of their Anti-American activities around the world. She was the communist party VP candidate in 1980 and 1984.
Leonard Peltier, a murderer and 1970s American Indian revolutionary insurrectionist who also spent time on the FBI ten most wanted fugitives list and was extradited from Canada to do life in prison for murder, was the 2004 P & F presidential nominee and 2020 P & F / PSL VP nominee. He has previously escaped from prison. Prior to his current conviction he was tried on separate murder charges.
Wesley Cook, who named himself Mumia Abu Jamal in honor of Mau Mau racist murderers in Kenya, was involved with insurrectionist Black Panther and MOVE activities since at least age 14. He was caught along with other Negro insurrectionists who were trying to abridge the free speech rights of Governor and Presidential candidate Wallace and given a well earned beating.
As an insurrectionist, he was known for quoting Mao that power comes from the barrel of a gun and dropping out of high school to live at Black Panther insurrectionist HQ. Later he joined MOVE, a bunch of stinky insurrectionists who lived in filth in a nasty commune in Philadelphia led by illiterate dreadlocked cult leader John Africa who opposed science, medicine, technology, bathing, and civilization, and advocated animal liberation. They were also known for killing police officers. Abu Jamal first covered the group as a reporter, then joined and moved in to the patient operated asylum.
He murdered a police officer in a separate incident, and is doing life in prison. Separately, the filthy MOVE roach colony got roach bombed by the police in 1985. It was a wonderful day that truly made me proud to be an American and a supporter of law enforcement officers.
I thought I remembered some commie party running him for President or VP, but am not currently able to find confirmation of that. Perhaps they just venerate this cop killing degenerate POS as a god and want to have mulatto children fathered by him.
I also seem to remember commie parties running underage and/or foreign born candidates. I’m not remembering any of their names.
If anyone has ever been denied a place on the ballot for being an insurrectionist, I am not remembering that either.
Be a hero! Support whales! Build more wind farms!
Eddie Brown could step up in status by being eaten by a whale and turned into whale poop. Right now he is lower than whale poop due to his advocacy of whale killing wind farms. Eddie Brown is a whale hating Nazi pretending to be a whale.
Strictly speaking, voters in the US do not vote for President; they vote for Presidential electors. In fact, Section 3 of Amendment 14 does not even refer to the President; it refers to Presidential electors. So, Presidential electors have to be disqualified individually for being in violation of the Amendment. The candidate for President can’t be disqualified under the Amendment, unless he is actually elected – by the qualified electors.
Mr. Winger is correct.
Walter Ziobro – a president is an office under the United States. There are reasons why the bogus attempts to keep President Trump off the ballot are unconstitutional, but that is not one of them.
“There are reasons why the bogus attempts to keep President Trump off the ballot are unconstitutional, but that is not one of them.”
It IS for the very reason that I have stated. Voters don’t vote directly for President; electors do.
Look directly after electors for President and vice president in the text where it says “,or hold any office, civil or military, under the United States.”
1. If the case is about a primary, it should be none of the government’s business at any level.
2. If it’s about electors, they have not been named, so it’s premature.
3. If it’s in federal court, it should be in state court, since it concerns a state ballot.
4. Calling J6 a rebellion or insurrection is a tremendous stretch. Trespass, disorderly conduct, minor vandalism, a riot at most. There was never anything remotely approaching a realistic plan at a coup.
5. Trump offered to send 10,000 national guard troops to guard the capitol ahead of J6, and was told no by Pelosi. He told his followers to protest peacefully and legally. Most did. When a few didn’t, he told them to stop. Nevertheless, he was impeached for it. And found not guilty. How does this set of facts make Trump an insurrectionist?
6. Some people think Biden is the real insurrectionist, alleging he conspired with Red China to successfully steal the US presidential election, has acted as a treasonous agent of CCP/Xi as president, took bribes from Xi/CCP and corrupt Ukrainian businesses and compromised US policy on their behalf as VP and POTUS, and lied and covered up these crimes. If it were true that states could remove Trump from the ballot without court or congressional finding of guilt, other states could do the same to Biden.
7. The US Supreme Court will end up deciding this mess. Given its composition, the eventual decision is pretty obvious.
8. If it didn’t, there would be a constitutional crisis, and quite likely a war. Aside from the court’s composition and the facts, this is an additional reason for the Court to rule in favor of Trump.
9. If it did come to war, the right has the bulk of gun owners, veterans and military, law enforcement officers and retirees, and more support in the countryside. It’s pretty obvious who would win.
10. The left “brain trust” likely knows all these cases will end up ultimately shut down on court, with Trump winning. It’s just yet another desperate attack they are throwing at him like the fake news, Russia hoax, Ukraine hoax, investigations, impeachments, indictments, no labels, lawsuits, disloyal advisors and officials, plandemic, stolen election – they throw all this at him because he’s a real threat to the derp state, fake news, global elite uniparty establishment like no one else in centuries, if ever. He keeps outsmarting them as all their nefarious schemes backfire on them and make him stronger. That’s not going to change.
11. Trump will win.
12. Trump will save America.
13. God is on our side, and the evil sinister left will fail and go to hell with their master Satan, where he will turn his wrath on them forever for their ultimate failure.
14. Hallelujah and Amen!
The only insurrectionists on J6 were those who enabled the installation of a Chinese senile puppet president by certifying the results of a stolen election. They should all be disqualified, tried for treason, and hung. Along with all those who attacked, vilified, and imprisoned the J6 patriots who were doing the heroic business of the People on behalf of our Duly Twice Elected President Trump.
Whose property is the capitol???
If Trump thinks he was elected in 2020, he has a 22nd amendment problem, “no person shall be elected to the office of the President more than twice” ??? It does not say held the office, or had electors certified, but elected. Trump is running again, which involves certifying that he is eligible. This means that he us stating under oath that he was not elected in 2020.
Presumably at least some states are making him certify he is eligible for primary ballot access?
The capitol is the people’s property. The people can’t trespass there own property.
Trump was DULY elected by the PEOPLE in 2020 but since the election was not properly certified he was not “elected” in terms of the 22nd amendment.
https://www.yahoo.com/news/trump-explaining-exactly-wild-extreme-041101026.html
TYRANT TRUMP RAVING IF HE ELECTED IN 2024 —
AS LUNATIC M-A-D AS STALIN/HITLER COMBINED — S**T ???
AZ with more fake news.
AZ MORE LUNATIC MAD THAN STALIN AND HITLER. THANK GOD NO ONE WILL ELECT HIM TO ANYTHING EXCEPT OFFICIAL TROLL MORON.
Thank God for Trump. Vote Trump 2024. Trump will save America!
ARE MILITARY BASES AND LIFER PRISONS ALSO PEOPLE PROPERTIES ???
SAME FOR THE WHITE HOUSE AND GUV/MAYOR MANSIONS ???
TRY TO ENTER EACH AT 4 AM AND SEE IF YOU SURVIVE THE ATTEMPT.
Wow, you’re stupid.
Why is Biden saying we shouldn’t contain China? There are million$ of rea$on$ for hi$ family.
Hunter’s Laptop is right.
HOW MANY FOLKS CAN **PROVE** THAT THEY ARE USA CITIZENS ???
BIRTH CERTIFICATES GENERALLY DO NOT SHOW NATION-STATE ALLEGIANCE STATUS OF ALLEGED FATHERS THE SECOND A KID IS BORN.
ESP STATE RECORDS IN 1775-1789 —
LOYAL USA/STATE CITIZENS
DISLOYAL BRITS – OFTEN PURGED
LEGAL FOREIGN
STATE NATURALIZED IN 1775-1789
EARLY USA NATURALIZATION RECORDS – STATE BY STATE USA MARSHAL / COURT RECORDS – FIRES / RATS / BUGS / ETC.
100 PCT SECURE DATABASE SINCE 1790 USA NATURALIZATION LAW ???
I BELIEVE IN TRUTH, JUSTICE AND THE AMERICANA WAY!
@Brandon Lyon,
Texas will keep a candidate off the ballot if they are not eligible to hold the office. Prior to the adoption of government printed ballots, if the apparent winner was not eligible, his election would not be certified, just as if he had died. This is still law.
But an ineligible candidate can not be placed on a general election or primary ballot. An application includes information needed to determine if the candidate is eligible as well as a sworn oath that they are eligible. The election official does not need to investigate further. But they can be compelled to if presented definitive proof of ineligibility.
This certainly does not apply to a presidential primary. At best voters are voting for delegates who will support certain programs such as border security. Democrats like Griswold might have tried to keep candidates from advocating for the end of slavery.
It is probably unworkable for presidential elections due to the indirect election. After the 2008 election there was a proposed law that would have required party nominees to file, just as independent candidates do. This might have permitted a challenge on the basis of a candidate not being a natural born citizen.
So Trump would have to swear that he lost in 2020 to be on the ballot in Texas?
@Joe K
George W Bush, Bill Clinton, and Barack Obama could be kept off the ballot if they had to file as a candidate, rather than designated by the party.
Obama was born in Kenya. What about the other two?