14th Amendment solutions will likely not prevail. It’s a chaos election after all.
There are two key legal issues to consider.
- One is whether Mr Trump's actions in the build-up to the storming of the US Capitol amount to insurrection.
- The other is whether the office holders that Section 3 was aimed at barring should include the president.
A lower court in Colorado has already ruled that Mr Trump engaged in insurrection but the law did not apply to the office of the presidency.
The Colorado Supreme Court disagreed, and top legal scholars are divided on whether this law should apply to Mr Trump.
Lawyers for Mr Trump dispute that he engaged in insurrection and argue his remarks to supporters on the day of the 2021 riot were protected by his right to free speech.
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Whether write-in votes for Donald Trump would be counted if he is kept off ballots in the 2024 general election depends on state-specific laws and regulations.
Here's a breakdown of the possibilities:
States allowing write-in votes for disqualified candidates:
- In some states, like New Hampshire, write-in votes are valid even for candidates who are not officially on the ballot. If Trump is disqualified in these states, voters could still write his name in and those votes would be counted.
States with restrictions on write-in votes:
- Other states have stricter rules for write-in votes. For example, some states require write-in candidates to file a declaration of candidacy, while others might only count write-in votes if they exceed a certain threshold. In these states, if Trump is disqualified, write-in votes for him might not be counted, or their validity might be challenged in court.
Uncertainty in states with unclear laws:
- The situation is even more uncertain in states where the laws regarding write-in votes for disqualified candidates are unclear or untested. In these cases, it's possible that courts would need to decide whether to count write-in votes for Trump, potentially leading to further legal battles.
It's important to note that the legal landscape surrounding Trump's eligibility and write-in votes is rapidly evolving. The specific rules and their application will vary depending on the state and the outcome of any ongoing legal challenges.
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