Full list of States wanting to kick Donald Trump off 2024 ballot

Published December 22nd, 2023 - 03:10 GMT
The States where Donald Trump is struggling to keep his name on the ballot. (Justin Sullivan/ AFP)
The States where Donald Trump is struggling to keep his name on the ballot. (Justin Sullivan/ AFP)
Highlights
Donald Trump is facing challenges to his candidacy in several states after Colorado's Supreme Court removed him from the 2024 primary ballot on Tuesday.

Donald Trump is facing legal challenges to his candidacy in several states ahead of the 2024 presidential election.

Some of these challenges are based on his alleged role in the January 6, 2021, riot at the U.S. Capitol, which some argue violated the U.S. Constitution and disqualified him from holding any public office.

The former president has denied any wrongdoing and has accused his opponents of trying to interfere with the election. His campaign has vowed to fight the challenges in court and appeal any adverse decisions.

Here is an overview of where the cases stand in Colorado and other states.

Colorado
Colorado’s Supreme Court removed Trump from the state’s Republican primary ballot on Tuesday, ruling that he is ineligible to run for president because he engaged in an insurrection. The court’s 4-3 decision cited Section 3 of the 14th Amendment, which bars anyone who has participated in a rebellion against the U.S. government from holding federal or state office.

The court’s ruling applies only to the March 5 primary but could affect Trump’s ability to run on the general election ballot. Colorado is seen as a Democratic state, making it unlikely Trump would win there regardless. But challenges in more competitive states could have a larger impact on the 2024 election.

Trump’s campaign has sharply criticized the decision and said it will appeal to the U.S. Supreme Court.

Arizona
Trump has faced a challenge in the crucial swing state of Arizona filed by Republican presidential candidate John Castro. But a federal judge ruled earlier this month that the challenge has no standing because Castro is not genuinely competing with Trump for votes in the GOP primary.

Castro has filed other legal challenges to Trump’s candidacy across the country, but his presidential campaign has not gained traction.

California
On Wednesday, California Lieutenant Governor Eleni Kounalakis urged the state’s Secretary of State to explore every legal option to remove Trump from the ballot, citing the Colorado case. She said California must stand on the right side of history and enforce the 14th Amendment.


Maine
Maine’s Secretary of State is reviewing a case to remove Trump from the primary ballot. A decision was expected Friday but was delayed because of the Colorado ruling and technical difficulties. A decision is expected next week.

Michigan
Michigan, a battleground state, has also considered a challenge to Trump’s candidacy. But the state’s Court of Appeals has allowed him to remain on the primary ballot, rejecting challenges to his candidacy.

The appeals court ruled that the Republican Party has control over who can appear on the primary ballot, regardless of whether candidates are qualified for the office.

However, the liberal organization Free Speech for the People has appealed the ruling, which means the case could go to the Michigan Supreme Court.

Minnesota
Minnesota’s Supreme Court similarly ruled that the Republican Party can decide which candidates can appear on the primary ballot. However, the court also noted that plaintiffs could file a separate challenge after the August 13 primary should Trump win the nomination for the general election.

Nevada
Nevada is another swing state where Trump faces a legal challenge. A lawsuit filed by the Nevada Democratic Party and several voters claims that Trump is ineligible to run for president because he has been impeached twice by the House of Representatives.

The lawsuit cites Article I, Section 3 of the U.S. Constitution, which states that judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold any office of honor, trust or profit under the U.S. government.

The lawsuit argues that Trump’s second impeachment trial, which ended with his acquittal in the Senate in February 2021, did not address the issue of disqualification and that the state has the authority to enforce it.

The lawsuit is pending in the state’s First Judicial District Court.

New York
New York is another state where Trump’s candidacy is being challenged by a group of voters who claim he violated the 14th Amendment. The group, called New Yorkers for Clean Elections, filed a petition with the state’s Board of Elections on December 6, asking the board to remove Trump from the ballot.

The petition argues that Trump’s actions on January 6, 2021, amounted to an insurrection and that he should be barred from holding any public office. The petition also cites Trump’s attempts to overturn the 2020 election results in several states as evidence of his corrupt intent.

The board has not yet responded to the petition.

Rhode Island
An attempt to remove Trump from the Republican primary ballot failed in Democratic Rhode Island, where U.S. District Court Chief Judge John McConnell Jr. determined that Castro did not prove he was a “direct and current competitor at the time that he filed his complaint” and could therefore not prove injury.

Other States Where Trump Faces Ballot Challenges
Lawsuits have been filed in several other states: Alaska, New Jersey, New Mexico, Oregon, South Carolina, Texas, West Virginia, Wisconsin, Wyoming, Vermont and Virginia.

Castro has also withdrawn challenges in California, Connecticut, Delaware, Idaho, Kansas, Maine, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania and Utah

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