Topline
California’s lieutenant governor sent a letter to the state’s secretary of state on Wednesday asking her to explore “every legal option” to remove former President Donald Trump from the state’s 2024 presidential primary ballot, just one day after Colorado’s Supreme Court ruled the former president would not be on the state’s 2024 primary ballot.
Key Facts
Democratic Lt. Governor Eleni Kounalakis urged Democratic Secretary of State Shirley Weber to investigate whether Colorado’s recent decision to exclude Trump from the primary ballot—because the court ruled he violated the 14th Amendment by inciting an insurrection during the Jan. 6, 2021 riot on the Capitol—could be used as a basis for California to follow suit.
In her letter, Kounalakis acknowledged there would be “political punditry” about a potential decision to remove Trump from the primary ballot but said “this is not a matter of political gamesmanship.”
Kounalakis also noted Weber would have to make a quick decision as the announcement of the certified list of candidates for the primary is set for Dec. 28.
It’s an ongoing legal question if secretaries of states can remove Trump from the ballot themselves—other states including Michigan, Arizona and Minnesota have ruled against similar efforts.
Crucial Quote
“The constitution is clear: you must be 40 years old and not be an insurrectionist,” Kounalakis wrote in the letter.
Key Background
On Tuesday, Colorado’s Supreme Court surprised many with its decision not to include Trump on the state’s 2024 primary ballot. The 4-3 ruling said that Trump was disqualified from reelection under section three of the 14th Amendment, which prohibits people who “engaged in insurrection or rebellion against the [U.S.], or given aid or comfort to the enemies thereof” from taking an oath of office or from holding public office. The Colorado court said Trump “engaged in” an insurrection when he incited the rioters who rushed the U.S. Capitol building on Jan. 6, 2021. The court, made up of all Democratic appointees, said that disqualifies Trump, and subsequently the Colorado secretary of state should not put him on the ballot.
What To Watch For
The Colorado decision will likely be heard by the Supreme Court in the coming months—a decision that could impact what happens in other states, as well. A move to take Trump off the California ballot would also likely prompt legal challenges.
What We Don’t Know
It’s unclear where California Gov. Gavin Newsom stands on the matter. He has not said anything about Colorado’s decision to remove Trump from the ballot and his name was not signed on Kounalakis’ letter.
Further Reading
Trump Kicked Off Colorado’s 2024 Ballot Under 14th Amendment (Forbes)
Colorado Disqualified Trump From 2024 Ballot Based On 14th Amendment — Here’s What To Know About Their Reasoning (Forbes)
Trump Disqualified From Colorado Ballot: Here’s What Happens Next—And Why He’ll Probably Still Be In The Primary (Forbes)
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