Efforts to disqualify former President Donald Trump from appearing on the 2024 ballot under the 14th Amendment are gaining momentum, with officials in key states, including New Hampshire, Arizona, and Michigan, preparing to respond to legal challenges to Trump’s candidacy based on Section 3 of the U.S. Constitution’s 14th Amendment.
Advocacy groups claim Trump’s actions on January 6, 2021 constitute engagement in insurrection and therefore disqualify him from holding public office. Trump has denied any involvement in the attack on the Capitol, nor has there been any actual evidence that implicates him in the maelstrom, though plenty of proof suggests FBI and other state-actor involvement.
Legal scholars and election officials have raised concerns about the practicality of the emerging lawsuits. Procedural aspects of litigation challenging Trump’s eligibility, such as who has standing to bring the challenges, remain unclear. Secretaries of state in several states have started discussions and taken steps to prepare for the possibility of administering elections without Trump as a candidate. The lawsuits based on the 14th Amendment provision are expected to reach the U.S. Supreme Court, where a uniform rule could potentially be set for subsequent state primaries.
