NC Democrat wants to give elections board power to remove presidential candidates from ballot
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RALEIGH, N.C. (WNCN) – Just as the U.S. Supreme Court began hearing arguments Thursday regarding former President Donald Trump’s eligibility to be on the ballot, a Democratic state senator announced he’ll file a bill to give state election officials the clear authority to remove presidential candidates.
State Sen. Jay Chaudhuri (D-Wake) shared a draft of the bill, which would give the NC State Board of Elections authority to review challenge of a presidential candidate’s eligibility.
You can view the draft of the bill below:
“Really, I think it’s important for us to step away from looking not just at Donald Trump but anybody, it doesn’t matter if you’re Democrat or Republican, about whether they’ve engaged in insurrection or not,” said Sen. Chaudhuri.
The senator’s bill would allow the NCSBE to look at issues involving the insurrection clause of the 14th Amendment as well as other matters of eligibility under the Constitution, including age and citizenship.
In December, the NCSBE considered a challenge to former President Trump’s candidacy that focused on the Jan. 6, 2021, attack on the U.S. Capitol.
The board ultimately voted 4-1 not to move forward with the challenge, as most members said state law appears to be unclear when it comes to what authority the board has to remove a presidential candidate from a primary ballot.
North Carolina House Speaker Tim Moore (R-Cleveland) said at the time he agreed with the board’s decision.
He says he and other House Republicans are prepared to file legislation making clear the board could not remove former President Trump or any other presidential candidate under the 14th Amendment. He says any action by the legislature would be conditional on what the U.S. Supreme Court decides.
“It would be a monumental disaster for the State Board of Elections to ever take that kind of action,” said Moore. “To try to deny the voters of this state the ability to vote for President Trump or any other lawful nominee of either of the parties is simply undemocratic in every sense of the word.”
Sen. Chaudhuri noted former Republican state Supreme Court Justice Bob Orr and Citizens for Responsibility and Ethics in Washington are supporting his bill.
During Thursday’s hearing, several justices expressed skepticism about individual states making the determination as to whether a presidential candidate can be on the ballot.
“The administration of elections really takes place at the state level. The bill I have proposed is very consistent with that,” said Chaudhuri. “I think we will get some clarity on that. I think there were a lot of good questions asked.”
The challenge to Trump’s candidacy in North Carolina was filed by Brian Martin, a retired attorney who worked in the Reagan and Bush administrations. After the board dismissed his challenge, he filed a lawsuit in Wake County Superior Court seeking clarification about the board’s authority.
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