NEW YORK — Donald Trump’s name is expected to be excluded from next year’s ballot in New York. presidential primary and in the general elections for his alleged incitement to the attack on the US Capitol in 2021a group of state senators urged election officials Thursday.
In a letter to the State Board of Elections and shared exclusively with the Daily News, New York Senators Brad Hoylman-Sigal, Liz Krueger and others cited Trump’s alleged efforts to subvert democracy in violation of provisions of the Constitution. Insurgent disqualification clause» explaining why it should not appear on the ballot. This effort mirrors that already underway in a closely watched case before the Colorado Supreme Court.
“The January 6 insurrection was a violent uprising against the United States that tragically resulted in the loss of many lives. This dark day in our country’s history was directed, facilitated and encouraged by Trump. The Council must not allow those who participated to contest elections again contrary to the mandate of the Constitution,” the letter read.
“Therefore, as the primary election emergency approaches, we urge the Board to address this critical issue now and ensure that Trump’s name does not appear on the ballot in New York. “
Ask BOE co-presidents Peter Kosinski and Douglas Kellner to assume their “heavy responsibility” and exclude the current Republican favorite As they would for a candidate who was a minor or not a natural-born citizen, senators declared that his role in the deadly assault on the nation’s capital made him ineligible to hold public office until he be relieved of disqualification by two-thirds of both chambers. of Congress.
“(I)neligible candidates who have engaged in insurrection in violation of the Constitution are ineligible under New York law,” the senators wrote. “Donald Trump, as the leader of such an insurrection, should not appear on the New York ballot.”
The Daily News has reached out to Trump’s campaign for comment.
A spokesperson for the BOE, which determines applicant eligibility, did not immediately respond to a request for comment.
Section three of the Fourteenth Amendment states that any person who has sworn to uphold the Constitution – whether as an officer of the United States, a member of Congress, a state legislator, an executive or judicial officer – who has pledged “ in an insurrection or rebellion” against it. cannot hold public office.
On Wednesday, the Colorado Supreme Court heard arguments over whether the Civil War-era provision should bar Trump from returning to the Oval Office. The justices questioned whether the clause – which does not specifically mention the presidency – could apply to Trump, The Associated Press reported.
Trump’s lawyer, Scott Gessler, who is representing him in the Colorado case, could not immediately be reached for comment.
Similar attempts to remove Trump, facing 91 felonies in four criminal cases, from state ballots including Michigan and Arizona failed. The Colorado case brought on behalf of the state’s Republican and unaffiliated voters by Citizens for Responsibility and Ethics in Washington gained momentum Nov. 17 when a district court judge found that Trump met the criteria for the insurrection clause.
Hoylman-Sigal told The News the letter serves to inform state election officials and interested parties “that we are watching.”
“Ideally, the BOE should exclude Trump from the primary and general ballots under the 14th Amendment,” he said.
“If they let it happen, then interested groups could sue.” »
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