Democrat Secretary of State clarifies Trump’s eligibility for ballot.
Arizona Law Supports Trump’s Eligibility for 2024 Ballot, Says Secretary of State
According to Arizona Secretary of State Adrian Fontes, Arizona law is in favor of allowing former President Donald Trump to be on the 2024 ballot.
Some of Trump’s opponents argue that he is prohibited by the 14th Amendment from holding federal office again.
Originally designed to prevent former Confederate officials from serving in the federal government after the Civil War, Section 3 of the 14th Amendment disqualifies individuals who “engaged in insurrection or rebellion against” the Constitution. This amendment was ratified in 1868.
In Trump’s case, the claim is that his involvement in the Capitol incursion on January 6, 2021, taints him.
Fontes initially expressed serious concern about the issue, stating that his office was taking it very seriously.
However, Fontes later explained that an Arizona Supreme Court case seems to limit his authority, as reported by The Hill.
“Now, the Arizona Supreme Court said that because there’s no statutory process in federal law to enforce Section 3 of the 14th amendment, you can’t enforce it,” Fontes said on a podcast by The Arizona Republic and azcentral.com.
“That’s what the Arizona Supreme Court said, so that’s the state of the law in Arizona. Now, do I agree with that? No, that’s stupid,” Fontes added.
Fontes emphasized that he would follow the law, regardless of his personal opinion.
However, in a subsequent interview, Fontes clarified that no final ruling has been made yet, according to the Arizona Republic.
“It’s still an open question. Arizona law is not the only law we have,” he stated.
Fontes acknowledged that he anticipates the ruling and Arizona law could change if his decision is challenged in court.
One group, Free Speech for People, is determined to prevent Trump from appearing on the ballot.
“We have been clear that all secretaries of state and chief election officials must follow the mandate of Section 3 of the 14th amendment,” said Ron Fein, the group’s legal director.
Michael McConnell, a law professor at Stanford University, warned that such a case would not only be a battle over interpreting the amendment but could also set a dangerous precedent, according to PBS.
“It’s not just about Trump. Every election where someone says something supportive of a riot that interferes with the enforcement of laws, their opponents are going to run in and try to get them disqualified,” McConnell explained.
Source: Democrat Secretary of State Explains Why Trump Can’t Be Barred from Being on the Ballot
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