On Tuesday, Arizona Secretary of State Adrian Fontes addressed the issue of potential complaints regarding the eligibility of former President Donald Trump to appear on the 2024 ballot. Fontes and his team are currently devising a strategy to handle these concerns effectively.
The focal point of the issue lies within the 14th Amendment, which prohibits individuals who have “engaged in insurrection or rebellion” from holding public office. During last week’s GOP presidential debate, former Arkansas Gov. Asa Hutchinson introduced the theory that Trump’s actions on January 6, 2021, could disqualify him on these grounds. This theory has gained support among certain legal scholars, although others dismiss its plausibility.
Currently, those overseeing state elections are grappling with the dilemma of addressing potential legal challenges that may arise against Trump.
“We have to have a final certification of eligible candidates [for the primary ballot] by Dec. 14 for Arizona’s presidential preference election,” Fontes, an elected Democrat, said. “And because this will ultimately end up in court, we are taking this very seriously.”
New Hampshire Secretary of State David Scanlan is dealing with the same question as he watches a potential challenge to Trump brewing in his state. There, a Republican former Trump ally is considering bringing a 14th Amendment challenge against him.
The left seems to be getting very nervous that former President Trump’s numbers stay positive despite him being indicted four times.
However, legal scholar and former federal judge Michael McConnell notes that nobody (as of the writing of this post) has been convicted of any of the charges that would allow the 14th Amendment.
“It is significant that the Department of Justice has prosecuted hundreds of persons for their involvement in the Jan. 6 incursion at the Capitol, but has not charged anyone, including Trump, with insurrection under this or any other statute,” he wrote.
That’s never stopped Dems from trying.