Should Only American Citizens Be Allowed To Vote In 2024 Elections?

A legal proceeding is set to take place in a Denver courtroom this coming Monday, focusing on whether former President Donald Trump should be excluded from Colorado’s 2024 election ballot. This lawsuit is rooted in Trump’s involvement in the January 6, 2021, assault on the U.S. Capitol. The case moves forward after Colorado Judge Sarah Wallace dismissed Trump’s recent efforts to have the lawsuit thrown out. The legal action was initiated last month in a Denver district court on behalf of six local voters.

The crux of the lawsuit rests on Section 3 of the 14th Amendment to the U.S. Constitution. This provision stipulates that no individual can hold public office if they have participated in “insurrection or rebellion” after taking an oath to uphold the Constitution. The plaintiffs argue that Trump breached his oath by attempting to overturn the results of the 2020 presidential election, culminating in the Capitol attack.

The legal challenge was brought forth by Citizens for Responsibility and Ethics in Washington, along with several law firms, representing a group of six voters who identify as Republicans or have no party affiliation.

In her previous ruling, Judge Wallace refuted Trump’s assertion that the matter of ballot eligibility should be the exclusive domain of Congress, not the judiciary. She also dismissed his claim that state election authorities lack the jurisdiction to enforce Section 3 of the 14th Amendment. Wallace pointed out that while the clause does grant Congress the power to lift a constitutional disqualification, it remains silent on which governmental body should make the initial determination of such a disqualification.

Wallace further observed that it would be an odd arrangement for Congress to be the sole authority both to identify a disqualification and to remove it. She noted that states have the prerogative to apply Section 3 through their own laws, even without federal enforcement legislation.

This case is being closely watched, as it could set a precedent for how the 14th Amendment is interpreted and applied in election law.