Colorado Supreme Court Rules Former President Donald Trump Cannot Receive Votes in the Republican Presidential Primary

On December 19, the Colorado Supreme Court ruled 4-3 that former President Donald Trump cannot appear on the March 2024 Colorado Republican presidential primary. It also said write-ins for him cannot be counted. Anderson v Griswold, 2023cv-32577. The majority opinion is 132 pages and there are three dissents. One is 25 pages, one is 43 pages, and one is eleven pages. See it here.

The Court stayed its own opinion until January 4, probably because it expects Trump to file an appeal to the U.S. Supreme Court. Assuming he does appeal, and the U.S. Supreme Court takes the case, that will be the first ballot access case the court has accepted since it heard State Board of Elections v Lopez-Torres, which was heard in 2008 and concerned primary ballot access in New York for candidates for delegate to party judicial nominating conventions. In that case the U.S. Supreme Court ruled against the candidate and in favor of the state.

The Colorado Supreme Court majority says that it would be very bad if states were forced to print the names of unqualified cndidates on their ballots, without noting that Colorado twice printed the name of under-age candidates for president or vice-president on the general election ballot (Linda Jenness in 1972 and James B. Cranfill in 1892).

On page 31 the majority opinion says, “Voters no longer choose between slates of electors on Election Day. Instead, they vote for presidential candidates who serve as proxies for their pledged electors.” Logically, there is no difference between voters voting for one set of competing slates of presidential electors on election day, and the Court’s statement that voters vote for presidential candidates who serve as proxies for their electors. The majority’s sentence is meaningless.


Comments

Colorado Supreme Court Rules Former President Donald Trump Cannot Receive Votes in the Republican Presidential Primary — 28 Comments

  1. Trump will win the nomination and the Presidency regardless of what the Colorado courts want. Whether,he gets Colorado convention delegates is the most,they will have any say in. The Supreme Court doesn’t have to take this, and my prediction is,will not. If they do, it will likely to be so as to vote for Trump.

  2. Colorado is Mexican for red. But not Red like GOP. Red like commie red. Red like Red China red. That kind of red.

  3. Buffoonish decision by buffoonish, corrupt, commie leftard judges.

    The chimpout on J6 was not an insurrection. There was no chance the government could be overthrown. Nothing remotely resembling a credible plan to overthrow it. No armed forces capable of attempting it; indeed, no armed forces of any kind.

    To call this mini riot an insurrection. Is an insult to all those who died or lost friends and family on either side of any real insurrection anywhere ever. Whether that, be the American revolution or our so called civil war (it wasn’t, but that’s another story) or any other revolution or civil war or suppressed attempt revolution in any other country, including many recent events that,could legitimately be called insurrections.

    This was not one of them. Not even close.

    And Trump did not participate in it. On the contrary, he

    – told supporters to demonstrate peacefully and legally

    – when a tiny percentage didn’t, he called on them to cease and desist

    – offered ahead of time to call up 10,000 national guard troops to maintain order, a suggestion rejected by Pelosi because of “bad optics”.

    Those who insist Trump “participated” in the “insurrection” hang this contention on obvious nonsense like :

    He didn’t call on the rioters to cease and desist quickly enough. There’s nothing anywhere which dictates how quickly he had to do it. There could have been multiple other job duties, concern for the President’s own safety, and who knows what other considerations as to the timing.

    Unproven allegations of collusion. Prove them beyond a reasonable doubt, or shut up. All I’ve seen is speculation completely unsupported by any facts whatsoever.

    Rhetorical flourishes about “fighting” and “being wild” which were obviously not literal, have been used many times by many political and other speechmakers to motivate audiences, and which were tempered by the explicit call to protest peacefully and legally and the other mitigation mentioned earlier.

    Legal attempts to fight the stealing of the election in court, through legislative and congressional strategies etc. There is nothing illegal or “insurrectionists” about any of that, even though Trump and his allies did not prevail. Just merely filing the cases or discussion of these strategies, including with legislators and member’s of Congress and the VPOTUS, are not in and of themselves insurrection.

    That includes organizing alternate slates of electors in case some of the strategies worked. That’s also neither unprecedented nor illegal, even if it didn’t pan out.

    The only thing which was illegal was the tiny riot by a tiny few Trump supporters, goaded on by false flag operatives, which went against what Trump said before it happened, which he asked them to stop , which he tried to put measures in place to prevent, and which there is absolutely no evidence he approved in any way much less organized or colluded with the organization of that rises above baseless speculation.

    In 2020 there were much bigger riots throughout America which many leftist and lamestream politicians gave verbal support to, did not denounce, did not denounce quickly enough, helped whip up rhetorically, etc, etc, etc. Many may have met with and colluded with riot organizers.

    There were legal attempts, some not successful, to suspend or ignore election laws due to the alleged “pandemic emergency.” In some places they succeeded.

    Right now there are “insurrectionists” disrupting civil order in New York City among other places out of their solidarity with Hamas and other terrorists and insurrectionists doing the same thing in Israel. Some American politicians are colluding in various ways or not coming out quickly or strongly enough for some other people’s tastes to condemn this illegal behavior, if at all.

    How many politicians are “insurrectionists” by the same standards as Trump is? It sounds like there would be a lot of them.

  4. I agree. US Supremes will either not waste their time with this nonsense or shut it down. Either way Trump will be the nominee, and go on to win another term.

  5. But Richard, they argue that the State is allowed to exclude constitutionally disqualified candidates (p.13). For example, they can choose to allow underage candidates, but exclude insurrectionist candidates.

    Anyway, insurrection is a federal crime… but this is a civil case. The Colorado election code can cover the age qualification, but insurrection is too big of an issue. And the irony of enforcing the 14th Amendment in a state court…

    The decision is about the Republican qualifier. Does the decision even block Trump from appearing as the Republican nominee in the general election in Colorado?

  6. I forgot the idiotic contention that just because Trump says the election was stolen that in and of itself is insurrection. That’s absurd. Hillary Clinton and others said things that sounded like calling Trump’s 2016 win illegitimate. Many people questioned whether Obama was eligible. Others questioned whether Bush was legitimately elected in 2000, and a smaller number did the same in 2004. Some people contended and continue to contend that Clinton only won thanks to Perot and some of those make it sound like they think there was something illegitimate about it.

    So what? That’s called free speech. They have a right to those beliefs, and to express them, and so does President Trump. There’s not anything illegal about him merely saying the election was stolen, or about continuing to say it now, or about asking those of us who agree to protest vociferously yet peacefully and legally. Nor should there be.

    The fact that a small percentage of protesters ignored the peaceful and legal part of that should be on them, not on Trump.

    Oh, and so what if he says they were severely overprosecuted to the point of being political prisoners, and will be pardoned when he’s back in office? That’s also free speech, and many of us agree with him. As for pardons, that’s a legal power of the Presidency, and he has every right to campaign on promises of issuing pardons. That also is not in itself insurrection.

    Calls on secretaries of state to find votes are interpreted by some as calls to commit vote counting fraud, but others like me see them as attempts to stop vote counting fraud by finding legitimately cast ballots that were not counted or not counted correctly. Again , not insurrectionist.

    Nothing that Trump did was insurrection. Not one thing.

  7. President Trump left office peacefully and legally on J20, like every other POTUS who was termed out, lost an election as certified by congress (even if they were in error), etc. He was not part of any insurrection on J6 or at any other time. Even if you stretch the definition of insurrection to include the events of J6 that remains true. The contention that he participated requires substantially more evidence than any even remotely supported claim I ever saw.

  8. In November of 2024, Donald John Trump will have been convicted in the J6 Trial in DC AND he will not be the Republican Party nominee.

    This is the correct ruling based on the law and the US Constitution.
    This ruling will be appealed to the US Supreme Court – of course – and they will take the case.
    SCOTUS will rule 9-0 that Trump is barred from appearing on any ballot for POTUS.

    Trump obviously planned and led an Insurrection and Attempted Coup against the US Constitution. He tried to overthrow the 2020 election and install himself as dictator.

    Trump will end up in Prison NOT in the White House.

    Nikki Haley will be our next POTUS.

  9. MERE 4 PAGES OF LAWYERS AT OP START – FROM ALL THE USUAL SUSPECTS

    JAN 4, 2024 DATE – PRINT CO PRIMARY BALLOTS — 17 DAYS

    EXPECT EMERGENCY STAY REQUEST BY TRUMP LAWYERS TO SCOTUS TO STAY CO SCT OPINION — IE PRINT BALLOTS WITH TRUMP ON THEM.

    ZERO SLEEP FOR SCOTUS CLERKS NOW TO SUCH JAN 4 ???

    14-3 REQUIRES CRIMINAL CONVICTION OF I/R–

    INCITE A CRIME SAME AS DOING THE CRIME ???

    IE — INVADE THE CAPITOL AND STOP THE EC COUNT FOR PREZ/VP !!!

    VERSUS ACTUALLY INVADING / STOPPING ETC – 14-3 *** ENGAGED IN ***

  10. According to the Wikipedia article on Amendment 14:

    “Between Reconstruction and 2021, Section 3 was invoked only once: it was used to block Socialist Party of America member Victor L. Berger of Wisconsin—convicted of violating the Espionage Act for opposing US entry into World War I—from assuming his seat in the House of Representatives in 1919 and 1920.[192][197][203] Berger’s conviction was overturned by the Supreme Court in Berger v. United States (1921), after which he was elected to three successive terms in the 1920s; he was seated for all three terms”

    Note that Berger was not denied the right to run for office, only to take his seat. IMO. 14-3 is only triggered if a disqualified person actually gets elected.

  11. Nothing zapper said remotely approaches reality. It’s all 100% wishful thinking. Like the prediction of DeSantis presidency in the adjacent thread it’s equally absurd, or actually more so.

    Trump will be President. Wanna get? Check back in a year. All your schemes to stop it will fail and backfire, just like all the others over the past 8 years plus. Count on it.

  12. WokePedo joke site is not a source of information. It’s a joke site anyone can edit any time.

  13. I do not support Trump. He and his minions have made it impossible. But unlike them, I have principles. The Colorado ruling is wrong. It has no constitutional basis and as Alan Dershowitz has said, deprives the voters of Colorado of their “right to vote against him.”

    Also, as a technical matter, they can’t keep Trump off the ballot. In the primaries, you vote not for the candidate, but for delegates. In the general, for electors. They are the parties in interest. They cannot be kept off the ballot.

  14. I do support Trump. I have principles. I’m glad you do as well.

  15. Woke Pedo site aside that’s hardly surprising. Yet it was still 4-3? This stinker of a ruling is going down in flames like the Hindenburg zeppelin. Shame on these commie fascist judges.

  16. When even 7 leftard demon rat judges in a state who’s name is Mexican for Red Commie can only vote against Trump by 4-3, you know their cases weak. 6-3 gop USSC is a very different ballgame.

  17. Everyone form the Libertarian Party to Justin Amash to DeSantis to Alan Dershowitz to RFK Jr. is rightly denouncing this anti-democratic decision.

  18. Biden will be in prison not Trump.and I will bet $$$ against each and every Zapper prediction with the possible exception of USSC taking the appeal. They might, but if so, the majority will rule on Trump’s side. They probably won’t take the case but I would not bet they won’t. I will bet against every other zapper prediction.

    Wait, one other exception. The extremely biased DC court may well convict. If so, they will be overturned on appeal.

    The zapper statements which are not predictions are equally ridiculous as the predictions, and that is very ridiculous indeed.

  19. Even 3 out of 7 demon rants dissent. Trump has nothing to worry about. This ludicrous kangaroo court diktat will only make him stronger!

  20. “Nonpartisan” judges elected to red commierado courts by the same electorate currently electing the commie fascist demon rat governors and legislative majorities there would be the same half humanoid halfwits currently being appointed, or along their same ideological lines.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.