Colorado has done it again, leading the effort to STOP Trump and his fascist movement to take over America, NYTimes: Trump Is Disqualified From 2024 Ballot, Colorado Court Says in Explosive Ruling.
Recent History:
First, Colorado’s delegates to the Republican Party’s National Convention attempted to unbind their delegates in the nominating vote at the convention. They were blocked as the Colorado Independent reported tongue and cheek You’re fired: Colorado-led effort to dump Trump in Cleveland just got canned.
Then later in 2016 following the election four Democratic Presidential Electors started to rebel following the election as reported by the Colorado Independent, when later two formally sought legal means challenging Colorado’s election law binding Electors within the Electoral College system suing Colorado in a plan to stop Trump.
This legal action eventually went to the US Supreme Court after the electors prevailed in the US Appellate Court, striking Colorado’s binding provision; CNN, Appeals court says Colorado didn’t have to vote for Clinton.
The Supreme Court ruled against the Colorado and Washington State Electors before the 2020 election. Supreme Court Opinion
That is your short history lesson since 2016, which is why some of my fellow local Democratic Party friends characterized me as a renegade faithless Elector. The uninformed, denying perspective of the many, most of the electorate understanding that Trump is the greatest threat to our democracy, its constitutional republic, and the union of our nation was self-evident then, but the consequence of fighting Trump through the process seeded what emerged yesterday in Colorado’s historic Supreme Court ruling.
Ignore the bull crap noise of Republicans or misinformed that somehow the ruling was a partisan trick or effort to block democracy. It is not—an introductory constitutional civics lesson.
The Elections Clause defers the power to conduct and administer elections to the states through their state legislatures. Congress can essentially make laws regarding those laws and regulations, and the state has plenary authority over electors in general elections. As a result, the state can decide if a presidential candidate is disqualified within that plenary authority so long as it doesn’t conflict with another constitutional provision. So, because a president isn’t elected, electors are, the presidential candidate can be disqualified based on the state's authority over electors.
This ruling deals with the upcoming primary ballot, not the general election, although disqualification carries his entire candidacy for any election in Colorado—FOREVER. Regarding a primary, the constitution and laws hold that the states hold considerable power in determining the rules for all elections within their borders. States set many rules for primary elections; for example, they choose the date and whether the primary will be open or closed. Yet, they do not have absolute power. However, in this system, the federal government mandates that all federal elections, primary or otherwise, be held in accordance with the Voting Rights Act. This provision stems from its enforcement power under the 15th Amendment.
So, what is the issue at hand? DISQUALIFICATION. Constitution provisions to seek or be elected by the Electoral College to the President of the United States are: Age (35 years old or older; note there is not an age ceiling), a United States citizen born within the borders of the United States, term-limited, no more than two terms in office, AND any oath-breaking insurrectionists can't serve as senators, representatives, presidential electors, “or hold any office, civil or military, under the United States, or any State.
It’s the state's authority to determine whether qualifications are met. It is the state’s sovereignty to administer their elections in this Federal system of equal states to elect their representatives to the Federal government, including Presidential Electors or Delegates to National nominating conventions. Colorado administers an open primary where Unaffiliated and registered party voters are eligible to vote for nominating delegates to the party’s national convention. Therefore, this goes beyond merely the political party’s determination of qualifications since Unaffiliated voters are franchised.
Colorado state courts have determined that Donald Trump violated his oath of office as he led, engaged in insurrection or rebellion against the same, or gave aid or comfort to the enemies thereof.
And there it is. I live proudly in Colorado, and our leadership is to stop Trump's fascism legally. Our case regarding binding electors in Colorado established that states possess plenary power to conduct and administer elections. This was the seeding.
I find so many ironies here: Trump began his presidential campaign crying out a false accusation that President Obama was disqualified not being a natural-born citizen, which proved to be false, but Trump now is found by Colorado’s courts to be disqualified for leading the January 6th insurrection. This matter will invoke huge constitutional and political implications, but as a matter of law—Trump is disqualified from holding ANY elected office.