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Civil Rights Group and Attorney Urge Trump Ballot Ban in Massachusetts, Cite Insurrection Clause

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Published on January 05, 2024
Civil Rights Group and Attorney Urge Trump Ballot Ban in Massachusetts, Cite Insurrection ClauseSource: Facebook/Donald J. Trump, 2020

The battle over former President Donald Trump's eligibility to be on Massachusetts' ballot has intensified as a civil rights group and a local law firm demand his removal, alleging constitutional violations. The legal challenge, spearheaded by Free Speech For People and attorney Shannon Liss-Riordan, a previous attorney general candidate, is rooted in Section 3 of the 14th Amendment. This clause disqualifies anyone who has "engaged in insurrection or rebellion" from holding office, CBS News Boston reports.

Actions taken by Colorado and Maine, where Trump was taken off their states' ballots due to his conduct surrounding the Jan. 6 Capitol riots, Massachusetts now faces similar pressures. Trump's campaign has pushed back, calling the removal efforts "un-American" and denying any participation in an insurrection, according to the same source. Massachusetts Secretary of the Commonwealth, William Galvin, has conducted a drawing to set the presidential primary ballot order, with Trump still listed. He expressed a desire for a "decisive decision" from the U.S. Supreme Court on this matter, it adds.

Free Speech For People's Legal Director, Ron Fein, in a statement obtained by Spectrum News 1, stressed that "Donald Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the Vice President and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation’s history,"

The Massachusetts Republican Party stands firm on the principle that the decision should lie with voters, not through "legal maneuverings" which they assert could undermine democracy, it "opposes this latest effort to remove Donald Trump from the ballot in Massachusetts through administrative fiat. We believe that disqualification of a presidential candidate through legal maneuverings sets a dangerous precedent for democracy. Democracy demands that voters be the ultimate arbiter on suitability for office." the MassGOP stated. Liss-Riordan, for her part, insists the challenge transcends politics, uniting Massachusetts voters "across the political spectrum." She stated, "As two other states have already recognized, Donald Trump’s instigation of and participation in the insurrection three years ago provide overwhelming cause for his disqualification from holding office in the United States.", according to Spectrum News 1.

With the Massachusetts Ballot Law Commission, a bipartisan body appointed by the governor, the path forward remains unclear. Trump's inclusion on the March 5 primary ballot alongside seven Republican candidates adds another layer to the discussion.

Secretary Galvin stated," I said, what do you suggest I should do if people write him in? Well, they said, don't count him. I said, are you serious? ... Elections and primaries are about voters. They're not about candidates, they're not about offices, they're about voters. It's the opportunity to make a decision the voters have. We're not going to deprive voters of the right to cast a ballot. A lot of people have said this is about defending democracy. And as a citizen, I might agree with that. But I think the best way to defend democracy is to participate in democracy. And that opportunity's here for everyone in Massachusetts,"  as mentioned in an interview with Spectrum News 1.