NH Secretary of State addresses Trump’s 14th Amendment challenge.
New Hampshire Secretary of State: No Legal Basis to Keep Trump off 2024 Primary Ballot
New Hampshire Secretary of State David Scanlan stated on Wednesday that there is no legal basis to disqualify former President Donald Trump from the 2024 primary ballot as he seeks reelection, based on the 14th Amendment.
“There is no mention in the New Hampshire state statute that a candidate in a New Hampshire presidential primary can be disqualified using the 14th Amendment of the United States Constitution mentioning insurrection or rebellion,” he told news outlets in a statement. “There is nothing in the 14th Amendment that suggests that exercising the provisions of that amendment should take place during the delegate selection process held by the different states.”
The 14th Amendment, ratified after the Civil War, gave equal protection under the law to all persons born or naturalized in the United States. It added a section that allowed the federal government to punish states that infringed on a citizen’s right to vote, and a third section that disqualified those who participated in the rebellion or insurrection against the nation to hold office, unless two-thirds of Congress made such an exception for the candidate.
Mr. Scanlan emphasized that “nothing in our state statute gives the secretary of state the discretion to entertain qualification issues once a candidate swears under the penalty of perjury that they meet the qualifications to be president.” He added that once the candidate applies according to the proper procedures, their name “will appear on the ballot.”
He further expressed concerns about the potential chaos and confusion if some states disqualify a candidate while others allow their name on the ballot, stating, ”there’s going to be chaos, confusion, anger, and frustration.”
Mr. Scanlan clarified that the U.S. Supreme Court is the only authority that can make a determination on this matter, and any constitutional disqualification would have to apply “across the board” in all 50 states or not at all.
“At a time when we need U.S. election officials to ensure transparency and build confidence among voters around the country, the delegate selection process should not be the battleground to test this constitutional question,” he added.
New Hampshire GOP Chairman Chris Ager told Fox News that he considered the 14th Amendment arguments “a complete waste of time” and that the party would have intervened in any legal action brought forth in the state.
But secretaries of state have not warmed to the idea, arguing this is not within their jurisdiction.
Debate in New Hampshire
In recent days, arguments over disqualifying President Trump in the early primary state reached new heights.
A New Hampshire attorney, Bryant Messner, had brought the idea to Mr. Scanlan last month, leading to politicians voicing their support for or against the idea. Mr. Scanlan maintained that it was a decision for the courts, but by Tuesday, Sept. 12, the Trump Campaign sent a letter to his office signed by 81 New Hampshire state officials and former U.S. Senator Bob Smith.
‘Dangerous’ Precedent
The groups arguing that President Trump participated in an “insurrection” point
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...