A 'trick' on Trump? How legal groups are trying to keep him off ballots because of Jan. 6 insurrection

WASHINGTON−Donald Trump isn't just facing seven criminal and civil cases as he seeks the presidency in 2024 - he's also battling a long-shot legal campaign to keep him off of state ballots entirely.

Various left-leaning organizations are preparing lawsuits and petitions designed to persuade states to deny Trump access to the ballot because of his attempts to overthrow the 2020 election, including the insurrection of Jan. 6, 2021.

These efforts include key primary states like New Hampshire, Michigan, Arizona, and Colorado.

In a lawsuit filed Wednesday in Colorado, Citizens for Responsibility and Ethics in Washington (CREW) said "Trump violated his oath and disqualified himself under the Fourteenth Amendment from holding public office, including the Office of the President."

Trump, who faces federal and criminal trials in Washington, D.C., and Atlanta over his 2020 activities, described the anti-ballot legal fight as an extension of 2024 politics from his enemies.

"It is just another 'trick,'" Trump said this week on Truth Social.

Can Trump be kicked off the ballot? Why some are skeptical

A number of legal analysts are skeptical of attempts to keep Trump's name off state ballots, and said the 14th Amendment doesn't apply in this case.

"I don’t view that provision applying unless Trump is charged with insurrection, which he is not," said Bradley P. Moss, an attorney who specializes in national security issues.

It will also add to the tensions of a race in which the Republican frontrunner faces four criminal trials as well as a series of civil lawsuits.

If a court or a secretary of state does move to strike Trump's name from any ballot, the case would probably go all the way to the U.S. Supreme Court.

"Knocking Mr. Trump off the ballot would validate, in the eyes of his supporters, his claims that the election system is rigged and corrupt," said The Wall Street Journal editorial page.

Late last month, a federal judge in Fort Lauderdale, Fla., dismissed a lawsuit seeking to keep Trump off the ballot, saying the voters who filed it lacked legal standing.

The 14th Amendment (Section 3)

Supporters of preventing Trump from access to the ballot cite the 14th Amendment of the U.S. Constitution, one of the amendments ratified in the years after the Civil War.

Better known as the act that granted citizenship to former slaves and provided all with equal protections under the laws, the 14th Amendment included a section regarding qualifications for office.

Section 3 says no one can hold federal office who "having previously taken an oath, as a member of Congress, or as an officer of the United States ... shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

'This was an insurrection'

Several legal analysts said Trump's attempts to overturn the election led to the insurrection of Jan. 6, 2021, rendering him ineligible for the presidency.

"Section 3 of the 14th Amendment is there - it's real," said Laurence Tribe, a constitutional law expert at Harvard University. "This was an insurrection."

Other analysts noted that Trump has not been convicted of anything, and that the election-related charges against him involve violations of conspiracy laws.

"Trump has not been charged with incitement, let alone insurrection or rebellion," wrote Jonathan Turley, a George Washington University law professor in an op-ed for USA TODAY.

'These questions should be left to voters'

Most political professionals, including Trump's opponents for the 2024 Republican presidential nomination, aren't taking the legal challenges very seriously, at least not yet.

"I think courts are very reluctant to get into the middle of elections like that," said Republican political strategist Alex Conant.

Former vice president and 2024 candidate Mike Pence, speaking this week on Fox News Digital, said, "I always think these questions should be left to voters."

He combined that dismissal with a plea to Trump to participate in a Sept. 27 debate with Republican opponents.

Said Pence: "Not only do I expect him to be on the ballot, but I hope he’s on the debate stage really soon."

New Hampshire fight: Could Donald Trump be off the 2024 ballot? Republicans in a crucial state struggle over the question.

This article originally appeared on USA TODAY: Donald Trump and 14th Amendment: Groups try to keep him off ballots