Sue Halpern on the state lawsuits that, citing Section 3 of the Fourteenth Amendment, challenge Donald Trump’s eligibility to appear on ballots for the 2024 election.
Simon, a Democrat , wasn’t so sure. Section 3 of the Fourteenth Amendment says that anyone who has taken an oath to uphold the Constitution, and then participates in an insurrection—or gives aid or comfort to those who have—is disqualified from holding any office, civil or military. But Simon told me that he does not take a position on the eligibility of individual candidates. He wanted a judge to decide whether the ballots could feature Trump ’s name.
” What he means is that each state has its own rules about which candidates can appear on ballots; if Trump really is ineligible for the Presidency, under Section 3, some states could stop him from being listed at all. In 2022, in one of several precedents for the current lawsuits, Fein and his colleagues challenged Marjorie Taylor Greene’s eligibility to run for reëlection under Section 3, in a filing addressed to Georgia’s secretary of state, Brad Raffensperger.
Democrat Senator Trump Eligibility Office
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