Donald Trump Disqualified from Colorado Primary Ballot After Court Rules Him Ineligible for Presidency

The Colorado Supreme Court has disqualified Donald Trump from the 2024 presidential primary.

The decision to remove the former president from the ballot was based on Section 3 of the 14th Amendment to the US Constitution, which disqualifies individuals who have “previously taken an oath to support the Constitution” and “engaged in rebellion or sedition” from office.

“The majority of the court considers that [former] President Trump is disqualified from serving as President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be wrong under the Elections Act for the Colorado Secretary of State to list him as a candidate in the presidential primary,” the state Supreme Court said in its opinion Tuesday.

Picture of the voting booth.

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The court said the decision was stayed until Jan. 4, a day before the deadline to certify ballots for the March 5 presidential primary. The 4-3 decision was the first time the constitutional clause has been used to disqualify a presidential candidate, the Associated Press writes.

It overturns a November ruling by U.S. District Judge Sarah B. Wallace, which allowed Trump to remain on the state ballot but found that he “engaged in sedition” during the deadly Jan. 6, 2021 riots at the U.S. Capitol, in which thousands of pro- Trump rioters to storm the building.

“President Trump argues that his January 6th speech was protected by the First Amendment and therefore cannot be used to justify his disqualification from office under Section Three. The district court concluded that his speech was unprotected by the First Amendment. We agree with the district court “, the Colorado Supreme Court wrote in its opinion.

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Former US President Donald Trump arrives at Atlanta Hartsfield-Jackson International Airport on August 24, 2023 in Atlanta, Georgia.  Trump is expected to turn himself in at the Fulton County Jail, where he will be charged with 13 charges related to an alleged plot to overturn the results of Georgia's 2020 presidential election.

Former US President Donald Trump arrives at Hartsfield-Jackson International Airport in Atlanta on August 24, 2023.

Joe Raedle/Getty

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In a statement to CBS News, Trump campaign spokesman Steve Cheung said he would appeal the decision.

“The Colorado Supreme Court made the wrong decision tonight and we will quickly file an appeal with the United States Supreme Court and a concurrent request to stay this deeply undemocratic decision. We have every confidence that the US Supreme Court will quickly rule in our favor and put an end to it.” these un-American lawsuits,” his statement read.

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According to media reports, cases challenging Trump’s candidacy have been filed in more than 25 states, including Michigan and Minnesota.

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