Mass. commission hears arguments for, and against, removing Trump's name from ballot

BOSTON ― Should former President Donald J. Trump's name remain on the Republican presidential primary ballot in Massachusetts?

The Massachusetts Ballot Law Commission may make a ruling on the issue, but first it will have to determine whether it has jurisdiction to do so.

Nine registered Massachusetts voters have challenged the placement of Trump’s name on the ballot by Secretary of State William Galvin in two separate filings, claiming that Trump is not qualified to serve if elected and therefore should be removed from consideration.

However, the Ballot Law Commission meeting Thursday concluded that its first act is to determine if it has the legal right to make a decision in the case.

Trump’s team, represented by attorney Marc Salinas of Silva & Salinas, and supported by his Massachusetts campaign manager, Tom Hodgson, the former Bristol County sheriff, argues that the question of whom to elect is up to the people to decide.

“Removing his name will disenfranchise millions of voters,” Salinas said, adding that only U.S. Congress has the authority to decide if Trump is qualified to serve if elected.

In contrast, the objectors — represented by labor attorney Shannon Liss-Riordan and Ronald Andres Fein, director of Free Speech for the People — argue that under Massachusetts law, only candidates eligible to serve upon election can be placed on the ballot.

“The secretary of the commonwealth erred in his claim that it was his duty to place Trump’s name on the ballot at the request of the state Republican Party,” Liss-Riordan said. “It is this commission’s duty to decide if Secretary Galvin was correct in placing Donald John Trump’s name on the ballot."

Under state law, a hearing cannot start before Jan. 22 and must conclude by 5 p.m. Jan. 29, Riordan said.

The commission, Liss-Riordan said, has the legal authority to investigate the legality and completeness of a candidate’s nomination for presidential and state candidates on the primary ballot.

Liss-Riordan argued that the Colorado Supreme Court had removed Trump from that state’s ballot after finding him to be “an insurrectionist,” who violated his oath of office to uphold the United States Constitution Jan. 6, 2021. He was found, she said, to have encouraged an “angry and violent” mob to intrude into the Capitol to interrupt the proceedings of certifying the 2020 elections in order to “prolong his time in office.”

The objectors believe that having violated his oath and been declared an insurrectionist; he is unqualified to serve another presidential term. Congress can vote to remove the “disability,” Liss-Riordan said, adding that it must be done by two-thirds majority vote in each house.

Liss-Riordan said she expects the question of whether Trump is qualified to serve will ultimately be determined by the U.S. Supreme Court.

The commission alerted each of the attorneys that the only matter it will immediately consider is whether the commission has jurisdiction in the case. The commissioners refused to consider any of the arguments put forth in Colorado or any questions of fitness and ability to serve.

Liss-Riordan suggested that the commission has decided ability to serve in the past – most notably in rejecting the challenge to Mitt Romney’s candidacy for governor on a question of meeting residency requirements.

“This is the proper forum for the objections to be heard,” Liss-Riordan said.

Salinas said there was no question of abnormalities in Trump's nomination papers and procedures, as his name was included on the ballot at the request of the state’s Republicans.

“If the Republican Party requested a 12 year old be placed on the ballot, that name must appear on the ballot,” Salinas said, adding the name must appear regardless of whether the candidate would be fit to serve if elected. Qualifications to serve are only considered through the nomination process, he said.

Hodgson believes that the American people, “have the right to decide who will lead the country,” claiming the objections were part of the maneuverings against Trump and political in nature.

“They are afraid he will win,” Hodgson said. “Even if he is kicked off the ballot in Massachusetts, it will not dissuade people from voting for him. They cannot take away the right of the American people to select who will be president and lead this country.”

This article originally appeared on Telegram & Gazette: Massachusetts ballot commission asked to rule on Trump ballot spot