A 1968 case could set a precedent influencing Donald Trump’s eligibility for voting ballots, as reported by Newsweek on December 8, 2023. The former president is under scrutiny by the Colorado Supreme Court following a lower court’s determination of his involvement in the January 6, 2021, Capitol riot.
The lower court, acknowledging Trump’s role in the insurrection, permitted him to stay on the 2024 presidential election ballot. The decision was based on uncertainty regarding whether the prohibition on insurrectionists holding office applies to the presidency.
Law professor Derek T. Muller, from the University of Notre Dame, submitted a brief to the Colorado Supreme Court, citing instances where presidential candidates were kept off the ballot due to perceived constitutional ineligibility.
Muller emphasized the 1968 case of Eldridge Cleaver, a former Black Panther leader and Peace and Freedom Party nominee for president. California excluded Cleaver from the ballot for being below the minimum age limit of 35 for presidential candidates.
Despite Cleaver’s legal challenge, the Supreme Court rejected his petition without comment, signaling that a state has the authority to exclude a candidate who doesn’t meet the qualifications for office.
Muller proposed that the historical case might pose an unfavorable precedent for Trump’s situation. Despite Trump arguing that states cannot evaluate candidates’ qualifications, Muller’s legal analysis indicates historical instances where states did exclude candidates.
The professor recognized the potential for the Colorado Supreme Court to exclude Trump from the ballot but underscored specific criteria the court must consider in reaching its decision.
Muller proposed that the historical case might pose an unfavorable precedent for Trump’s situation. Despite Trump arguing that states cannot assess candidates’ qualifications, Muller’s legal analysis indicates historical instances where states did exclude candidates.
The professor recognized the potential for the Colorado Supreme Court to exclude Trump from the ballot but underscored specific criteria the court must consider in reaching its decision.
Even if the court determines Trump was an insurrectionist, any favorable factor for the former president might allow him to stay on the ballot. The Colorado Supreme Court, hearing Trump’s appeal and opponents’ challenge, holds a crucial role in deciding his eligibility for nine electoral college votes in the pivotal swing state of Colorado for the 2024 election.
With an accelerated timetable, oral arguments took place on December 6. While the outcome remains uncertain, Muller’s legal perspective provides historical context that could influence the court’s decision on Trump’s eligibility and potential exclusion from the ballot.
