Oregon Supreme Court declines to hear case challenging Trump’s ballot eligibility

PORTLAND, Ore. (KOIN) – The Oregon Supreme Court declined to hear a case on Friday challenging former President Donald Trump’s qualification for the state ballot over his involvement in the Jan. 6 insurrection — citing an upcoming decision from the country’s high court.

The lawsuit was filed on behalf of five individual Oregon voters by Free Speech for People and Oregon co-counsel Jason Kafoury — of Kafoury & McDougal and Daniel Meek — against Secretary of State LaVonne Griffin-Valade.

The petitioners argued that the former president should not be on the state primary and general election ballots because of his role in the Jan. 6 insurrection, which they say, violates Section Three of the 14th Amendment — a provision barring people from holding office if they were involved in insurrectionist activity.

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In Friday’s decision, the Oregon Supreme Court declined to hear the case because the United States Supreme Court will review a similar decision by the Colorado Supreme Court, which may resolve challenges in the Oregon case.

The United States Supreme Court set an expedited briefing and argument schedule with oral argument slated Feb. 8, 2024 – before Oregon’s presidential primary ballots must be finalized March 21, 2024.

In a statement, the Secretary of State’s office said, “We appreciate the Oregon Supreme Court’s perspective. The Secretary will continue following our normal process for the presidential primary unless the U.S. Supreme Court or a subsequent state case directs us otherwise.”

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Meanwhile, Free Speech for People says the Oregon Supreme Court’s decision is “disappointing.”

“While it is certainly possible that the U.S. Supreme Court’s decision in Trump v. Anderson may resolve some or all of the issues in this case, it is also entirely possible that the U.S. Supreme Court may resolve that case based on particular details of the Colorado proceeding or that it may issue an order that does not resolve this case. Furthermore, no one knows when that decision will issue. Waiting until the U.S. Supreme Court issues its order only compresses the time that the Oregon Supreme Court may have to resolve the issues that may remain if the U.S. Supreme Court does not fully resolve all the issues in this case,” Free Speech for People said.

The non-profit continued, “Importantly, the Oregon Supreme Court did not rule against the plaintiffs on any of the merits: it did not say that January 6 was not an ‘insurrection’; it did not say that Trump did not “engage” in it; it did not say that Section 3 doesn’t apply to him; it did not say that Congress must pass a law to enforce Section 3; and it did not say that Oregon cannot enforce Section 3 on its own, including for presidential candidates. It simply said that it wishes to wait until the U.S. Supreme Court decides a related case.”

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Free Speech for People filed the case with the Oregon Supreme Court in December 2023, after they sent a letter to Secretary Griffin-Valade calling for Trump to be banned from both the primary and general election ballots, citing Trump violated the 14th Amendment.

However, Griffin-Valade said she does not have the authority under Oregon law to consider Trump’s primary election qualification.

“Oregon law does not give me the authority to determine the qualifications of candidates in a presidential primary,” Secretary Griffin-Valade said. “I will follow our usual process and expect to put Donald Trump on the primary ballot unless a court directs me otherwise.”

This is among Free Speech for People’s latest legal challenges to Trump’s candidacy as the organization says they’ve written letters to secretaries of state and chief election officials in all 50 states and the District of Columbia in an effort to “hold insurrectionists accountable” for the Jan. 6 insurrection.

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