(NewsNation) — Legal battles over the application of Section 3 of the 14th Amendment have intensified since January 6, 2021, as analysts question whether the provision could bar former President Donald Trump from the 2024 presidential race.
The key points under scrutiny include whether Section 3 applies to ex-presidents if it is self-executing, and whether the events of January 6 constitute an insurrection or rebellion.
In February 2021, the U.S. Senate acquitted Trump of inciting insurrection, despite a bipartisan majority voting for conviction.
Section 3 challenges have targeted various legislators, resulting in the successful removal of New Mexico’s county commissioner involved in the attack. The House Select Committee on the Jan. 6 Attack on the Capitol, in late 2022, referred Trump to the Justice Department, asserting that he incited insurrection. The Special Counsel’s Office subsequently filed criminal charges in Washington, D.C., accusing Trump of orchestrating the January 6 attack.
Voters and advocacy groups have launched Section 3 challenges in state and federal courts nationwide, seeking to prevent Trump from appearing on primary ballots.
The following provides a state-by-state overview of Trump’s 14th Amendment challenges based on Lawfare’s tracker:
- Colorado: On Dec. 19, the state Supreme Court disqualified Trump under Section 3, preventing his inclusion on the primary ballot. An appeal is forthcoming.
- Michigan: On Dec. 27, the state Supreme Court said it is keeping Trump on the state’s primary election ballot. The court said it will not hear an appeal of a lower court’s ruling from groups seeking to keep Trump from appearing on the ballot. That ruling was the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
- Minnesota: The state supreme court in November dismissed a lawsuit seeking to end his candidacy. The court dodged the central question of the lawsuit — does Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualify him from the presidency — by ruling that state law allows parties to put whomever they want on the primary ballot.
- Oregon: After Oregon’s Secretary of State said she would keep Trump on the primary ballot, the national advocacy group, Free Speech For People, filed a lawsuit on Dec. 6 against her in the state supreme court. They’re seeking an order from the state Supreme Court requiring Griffin-Valade to disqualify Trump from the primary and general election ballot, or, alternatively, an order directing Griffin-Valade to demonstrate why she shouldn’t be required to disqualify him, the Oregon Public Broadcasting reported.
- Maine: The Secretary of State, Shenna Bellows, is expected to make a decision next week that may support a citizen-led effort to prevent Trump from appearing on primary ballots nationwide. Bellows addressed three complaints in a hearing at Maine’s State House in Augusta last week, all challenging Trump’s eligibility for the state’s Republican primary ballot. Two of these complaints invoke the same constitutional section referenced by Colorado’s decision, the New York Times reported.
- New Jersey: John Bellocchio, a former history teacher is behind the New Jersey challenge to Trump’s ballot eligibility, The New Jersey monitor reported.
- New York: Jerome Dewald filed a pending lawsuit against Trump to keep him off the ballot.
- Virginia: Two civil rights activists: Roy L. Perry-Bey, a disabled veteran, and Carlos A. Howard has a pending case to remove Trump off the ballot, The Roanoke Times reported.
- Wyoming: On Dec. 7, Wyoming Secretary of State Chuck Gray filed a motion to dismiss a recent filing in Wyoming District Court, “Newcomb v. Chuck Gray.” The lawsuit, filed by Tim Newcomb, seeks to remove Donald Trump and Cynthia Lummis from future ballots in Wyoming, Cap City News reported.
- Florida: The individuals in the Florida case, Caplan v. Trump, argued that they would suffer harm if Trump ran for president and succeeded but could later be disqualified or removed from office. However, U.S. District Judge Robin Rosenberg, in dismissing the lawsuit, stated that an individual citizen lacks standing to challenge the qualifications of another individual for public office, MSNBC reported.
- Additional pending cases in Alaska, Arizona, Nevada, New Mexico, New York, South Carolina, Texas, Vermont, Wisconsin: 2024 Republican presidential candidate John Anthony Castro filed pending lawsuits in several states to remove Trump from the ballot. He has voluntarily dismissed lawsuits in California, Connecticut, Delaware, Idaho, Kansas, Maine, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania, and Utah.
- The U.S. Supreme Court: The Colorado ruling is likely to be appealed to the U.S. Supreme Court, which has never ruled on the rarely used Civil War-era provision.
The Associated Press contributed to this report.
