Here are the other states where Trump’s eligibility faces a challenge
This week’s decision by the Colorado Supreme Court to once again disqualify former President Donald J. Trump from holding office was the first victory for a sprawling legal effort that is still unfolding across the country.
At least 16 other states currently have pending legal challenges to Mr. Trump’s eligibility for office under the 14th Amendment, according to to a database maintained by Lawfare, a nonpartisan site dedicated to national security issues. The lawsuits allege he was disbarred because he engaged in an insurrection with his actions surrounding the Capitol riot on January 6, 2021.
Four of these lawsuits – in Michigan, Oregon, New Jersey and Wisconsin – have been filed in state courts. Eleven lawsuits – in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia and Wyoming – have been filed in federal district courts.
Cases in two of these states, Arizona and Michigan, were initially dismissed by a lower court, but have been appealed. Another challenge has also been created in Maine.
The Trump campaign has said it will appeal the ruling in Colorado, in which the state Supreme Court said it would delay its decision — meaning it won’t take effect — until Jan. 4, hoping for guidance of the United States Supreme Court. Court.
“We are also aware that we are traveling into uncharted territory, and that this case raises several first impression issues,” the Colorado justices wrote, noting that their decision could change based on “the receipt of a order or mandate of the Supreme Court. ”
If the U.S. Supreme Court agrees to hear the appeal, the Colorado Supreme Court’s ruling will be temporarily lifted and Mr. Trump will be eligible to run on the state’s Republican primary ballot until the nation’s highest court makes a decision, the Colorado Department said. of state.
Such an appeal would most likely also freeze the other lawsuits.
“If the Supreme Court takes up the case, it will effectively suspend proceedings in all other states,” said J. Michael Luttig, a retired appeals court judge who was a leading proponent of filing a 14th Amendment challenge .
In fact, nine of the active federal cases were brought by John Anthony Castro, a Republican presidential candidate with a long history who has filed challenges in 27 states regarding Trump’s eligibility to vote under the 14th Amendment, as well as a case before the Supreme Court Council. The Supreme Court said so in October would not accept Mr Castro’s challengeand federal judges in Florida, Rhode Island and New Hampshire dismissed his lawsuits. He voluntarily withdrew the lawsuits in twelve other states.
In Maine, the secretary of state is expected to rule in the coming days on a challenge to Trump’s eligibility for the ballot. The process in Maine is somewhat different than in other states: A provision in state law allows residents to challenge ballot eligibility, and the secretary of state hears the challenge first. Then, either party can appeal this decision to the state Supreme Court.
Meanwhile, the nation’s attention will turn to whether the U.S. Supreme Court will take up the Colorado case. If the proposal is rejected, Trump will be ineligible to appear on the ballot in Colorado, according to the Colorado Department of State.
The Supreme Court will face some pressure from the political calendar. As Colorado Secretary of State Jena Griswold indicated on MSNBC Tuesday night, her office must confirm which candidates are or are not on the ballot by Jan. 5 so that ballots can be printed in time for the state’s primaries two months later.
A host of other states also hold their primaries on March 5, known as Super Tuesday, including several with pending lawsuits: Virginia, Texas and Vermont. Alaska also holds its caucuses that day.
The federal deadline for election officials mail out absentee ballots for military and foreign voters is 45 days before Election Day. For South Carolina, a state that was nominated early and has a lawsuit pending, that would be January 10, according to the South Carolina Secretary of State.