Preventing former President Trump from appearing on the ballot in 2024 has proven to be a hurdle, with the latest legal challenge ruling in favor of Trump. On November 17, 2023, Colorado District Judge Sarah B. Wallace rejected the attempt to exclude Trump from the ballot based on Section 3 of the 14th Amendment.
Following the ruling, Colorado Secretary of State Jena Griswold released a statement.
The lawsuit in Colorado was initiated by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW), a 501(c) organization. Before the Colorado decision, another 501(c) group, Free Speech for People, had filed a lawsuit in Michigan using the same legal grounds.
However, Michigan judge James Redford ruled that Congress should determine if Section 3 applies to Trump. On November 16, 2023, Free Speech for People appealed the decision. The initial ruling occurred on November 8, 2023, in Minnesota, where the Supreme Court dismissed the case, asserting that political parties have the exclusive authority to decide who appears on the ballot.
In response to the Colorado judge’s decision, CREW announced that it has filed an appeal with the Colorado Supreme Court. The appeal challenges the judge’s rulings, contending that the president is not considered an “officer of the United States” and that the president’s oath to “preserve, protect, and defend the Constitution” does not fulfill the requirement to “support” the Constitution, as stipulated in Section 3 of the 14th Amendment.