Judge says only Congress can keep Trump off of Michigan's 2024 ballot ⋆ Michigan Advance
michiganadvance.com
A Michigan Court of Claims judge on Tuesday agreed with Secretary of State Jocelyn Benson that her office lacks the authority to disqualify former President Donald Trump from the ballot for the 2024 Republican primary election. The ruling by Judge James Robert Redford determined that arguments as to whether Trump should be barred based on […]

Enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required.

Trump was targeted by plaintiffs in cases for his role in “inciting and facilitating” the insurrection at the U.S. Capitol on Jan. 6, 2021, just after the November 2020 general election in which President Joe Biden defeated Trump.

  • voracitude@lemmy.worldEnglish
    12·
    1 year ago

    While the U.S. Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.S., including primary elections, the eligibility of voters (beyond the basic constitutional definition), the running of each state’s electoral college, as well as the running of state and local elections. All elections—federal, state, and local—are administered by the individual states, with many aspects of the system’s operations delegated to the county or local level

    (https://en.wikipedia.org/wiki/Elections_in_the_United_States)

    Michigan got some 'splainin to do, because there isn’t a single instance I can imagine where the federal government would get to decide the names appearing on a state election ballot. That sounds like a great way to get ballots with one name on them.

    • HobbitFoot English
      51·
      1 year ago

      Yeah. I would respect the decision if it required Trump to be convicted of a crime first, but they aren’t doing that.

      • raoulraoul@midwest.socialOPEnglish
        1·
        1 year ago

        So your take is that Trump had no knowledge nor any part of whatsoever of the planned insurrection and domestic terrorist attack of January 06, 2021?

        • voracitude@lemmy.worldEnglish
          4·
          1 year ago

          No dude, he was agreeing - he was saying the Michigan decision would make sense if a conviction was required (by the 14th Amendment) to keep someone off the ballot. But a conviction isn’t required, so it doesn’t make sense.

        • HobbitFoot English
          3·
          1 year ago

          No. My take is he hasn’t been convicted of a crime related to it yet.