Gov. Cox calls Colorado court decision barring Trump from ballot a ‘mistake’

Gov. Spencer Cox called a Colorado court ruling that disqualifies former President Donald Trump from the 2024 ballot a mistake and said Trump’s political future should be left to American voters.

During his monthly PBS press conference Wednesday morning, Cox weighed in on the Colorado Supreme Court’s decision to declare Trump ineligible to appear on the state’s primary ballot next year because of his participation in alleged insurrection on Jan. 6, 2021.

“I have a lot of issues with the ruling. I think it’s a mistake,” Cox told reporters.

Promising not to “get into the weeds,” Cox, an attorney and Utah’s former top election official, launched into a summary of the various legal opinions and political arguments surrounding Colorado’s controversial legal decision which is expected to insert the U.S. Supreme Court into a presidential election in a way reminiscent of Bush v. Gore in 2000.

The Colorado Supreme Court based its 4–3 ruling on Section 3 of the Civil War-era 14th Amendment, which Cox explained was intended for Confederate officers who attempted to secede from the Union. The 14th Amendment disqualifies from future office any government official who has sworn an oath to support the Constitution and “engaged in insurrection against the same, or given aid or comfort to the enemies thereof.”

Referring to Trump’s words and behavior surrounding the Jan. 6 Capitol riot, the Colorado Supreme Court opined, “President Trump engaged in insurrection ... (He) incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power.”

But in Cox’s view, the verdict is not so cut and dry.

“We’ve never had a case like this one really,” he said. “I don’t think it’s anything like the Civil War cases.”

Cox said he hoped the ruling would be appealed to the United States Supreme Court and quickly settled in accordance with legal precedent — which he said falls on the side of keeping the former president on the ballot.

“Judges historically, if it’s a close call at all, always, always err on the side of putting the person on the ballot,” Cox said. “If it’s a close call at all we should let the people decide.”

However, Cox’s legal qualms don’t constitute an endorsement of Trump, he clarified. Cox has said on numerous occasions he doesn’t think Trump is the best, or most electable, candidate for the job. He would prefer the Republican nominee to be a governor and has voiced support for former South Carolina Gov. Nikki Haley.

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“I thought Donald Trump did some good things as president, I thought he did some terrible things as president. I don’t think he should be president again. I really don’t,” Cox said. “I hope that the people of the United States will figure that out and can make those decisions.”

Echoing a video message from Lt. Gov. Deidre Henderson on Tuesday evening, the governor said it was “very unlikely” a lawsuit like the one in Colorado will prevail in Utah.

The Colorado Supreme Court’s decision ignited a firestorm on social media, with Utah Sen. Mike Lee and Republican Party Chairwoman Ronna McDaniel responding in less measured tones than Utah’s governor.

“This lawless, cynical ruling by the Colorado Supreme Court will not stand,” Lee said Tuesday on X.

In a post shared by 2024 presidential candidate Ron DeSantis, Lee added, “This is the kind of wake-up call we should not ignore. Nor is this just another bad, politically motivated ruling. This is lawless thuggery masquerading as jurisprudence.”

McDaniel was even more forthright.

“Election interference,” she wrote. “This irresponsible ruling will be appealed to the U.S. Supreme Court and our legal team looks forward to helping fight for a victory. The Republican nominee will be decided by Republican voters, not a partisan state court.”