Before any votes are cast in the 2024 presidential election, Donald Trump could face a legal battle on multiple fronts over whether he even has the right to be on the ballot. Some scholars and liberal groups are stepping up efforts to disqualify the former president based on a post-Civil War provision of the 14th Amendment.
They argue that under Section 3 of the 14th Amendment, Trump is ineligible for the presidency because he took the oath of office and subsequently “engaged in insurrection or rebellion” or gave “aid or comfort to the enemies” during the Jan. 6, 2021, insurrection.
Now, election officials around the country are considering how to navigate the issue, which could be decided on a state-by-state basis. The issue has already come to the fore in states including New Hampshire, Arizona and Michigan.
Some nonprofit groups — including Free Speech for People and Citizens for Responsibility and Ethics in Washington (CREW) — are moving forward with a push to get states on board with their argument and are preparing lawsuits as the Republican presidential primaries near.
