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California declines to block Trump from 2024 ballot

Just hours earlier, Maine became the second state to strike him from the ballot over his part in inciting the January 6 Capitol riots

Rachel Sharp
Friday 29 December 2023 09:22 GMT
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California’s secretary of state has declined to block Donald Trump from the state’s 2024 presidential primary ballot over his role in the January 6 Capitol riots.

Secretary of State Dr Shirley Weber certified the list of candidates on Thursday night and sent it to county election officials, ahead of the 5 March presidential primary election.

“I, ShirleyN. Weber, Ph.D., Secretary of State of the State of California, do hereby certify that the following list contains the name of each presidential candidate who is entitled to be voted for in the Democratic, Republican, American Independent, Libertarian, Green, and Peace and Freedom parties’ Presidential Primary Elections to be held on Tuesday, March 5, 2024, and that no uncommitted delegations or groups of candidates for delegates have filed or qualified, and that the following list contains the name, office sought, and, if applicable, the ballot designation and party preference of each person for whom nomination papers for state-certified office have been filed in my office and who is entitled to be voted for in one or more of the counties of the state at the Presidential Primary Election to be held on Tuesday, March 5, 2024,” she wrote.

The former president’s name was included on the list, despite Dr Weber facing calls from the state’s Lieutenant Governor Eleni Kounalakis to remove him from the ballot.

Ms Kounalakis sent a letter to the secretary of state on 20 December, after Colorado became the first state to block Mr Trump from the ballot.

“I urge you to explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot,” she wrote.

“The constitution is clear: you must be 35 years old and not be an insurrectionist,” she added.

Several Democrats also joined calls for his removal, however the state’s Democratic Governor Gavin Newsom spoke out to say that he opposed such a move – vowing instead to beat Mr Trump at the ballot box.

“There is no doubt that Donald Trump is a threat to our liberties and even to our democracy. But in California, we defeat candidates at the polls. Everything else is a political distraction,” he said.

Dr Weber had not confirmed her decision ahead of Thursday’s certification, but did respond by saying it was something she would not be taking “lightly”.

“Removing a candidate from the ballot under Section Three of the Fourteenth Amendment is not something my office takes lightly and is not as simple as the requirement that a person be at least 35 years old to be president,” she wrote in a response.

The decision in California marks a win for the former president, as his future on the 2024 ballot hangs in the balance across several states.

Donald Trump is facing challenges in many states
Donald Trump is facing challenges in many states (REUTERS)

Just hours before the certified list was sent retaining him on California’s ballot, Maine became the second state to strike him from the ballot there over his part in inciting the January 6 Capitol riot.

Maine Secretary of State Shenna Bellows issued a ruling, finding that Mr Trump is ineligible for the ballot under the 14th Amendment – which bars anyone who “engaged in an insurrection” from holding office.

“I do not reach this conclusion lightly,” she said.

“I am mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section Three of the Fourteenth Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.”

She added: “The events of January 6, 2021 were unprecedented and tragic. They were an attack not only upon the Capitol and government officials, but also an attack on the rule of law. The evidence here demonstrates that they occurred at the behest of, and with the knowledge and support of, the outgoing President.

“The U.S. Constitution does not tolerate an assault on the foundations of our government, and Section 336 requires me to act in response.”

The decision has been suspended until the Superior Court rules on any appeal, or the time to appeal the decision – five days – has expired.

Prior to the ruling in Maine only Colorado had struck Mr Trump from the 2024 presidential election ballot under the 14th Amendment, following a state Supreme Court ruling earlier this month.

That decision was also stayed until 4 January – one day before the deadline to set candidates for the Republican primary in March.

On Wednesday, the Colorado State Central Republican Committee asked the US Supreme Court to intervene in the ruling and overturn it.

Mr Trump is also facing lawsuits challenging his future on the ballot in at least 16 states.

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