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11 States Urge U.S. Supreme Court to Protect Presidential Primary Ballot Integrity

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A group of 11 states have filed a brief with the U.S. Supreme Court, urging the court to overrule Colorado in a case involving former President Donald Trump's removal from the state's Republican presidential primary ballot.

The case raises concerns about the potential misuse of the U.S. Constitution by states to remove candidates from their primary ballots, a move that could have far-reaching consequences for the integrity of our electoral process.

Missouri Republican Secretary of State Jay Ashcroft, who led the coalition, expressed deep concerns about the case, saying in a statement, "This has the potential to tear our nation apart if left unchecked." The group of state election officials submitted an amicus or "friend of the court" brief, emphasizing that their support was not aligned with either party involved in the case.

The U.S. Supreme Court agreed earlier this month to hear the case after the Colorado Supreme Court ruled that Trump could be removed from the primary ballot under Section 3 of the 14th Amendment. However, the court allowed Trump's name to remain on the ballot pending the resolution of the case.

In a 26-page document, Ashcroft's coalition argues that the U.S. Constitution does not grant state officials the power to disqualify candidates for federal office. The brief also highlights the absence of historical precedent supporting secretaries of state's authority to disqualify candidates under the Constitution.

The 11 state brief also urges the U.S. Supreme Court to avoid a ruling that could potentially grant secretaries of state the power to disqualify candidates. They assert that while certain provisions of the Constitution impose obligations on states, those provisions are unrelated to the question of whether a candidate should be disqualified based on the insurrection clause of the Fourteenth Amendment.

The brief emphasizes that disqualification decisions made under the Fourteenth Amendment should not be equated with disqualification decisions made under other constitutional provisions.

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Joining Ashcroft in this important effort are secretaries of state from Alabama, Arkansas, Idaho, Indiana, Kansas, Montana, Nebraska, Ohio, Tennessee, and West Virginia. Their united front demonstrates a shared commitment to upholding the principles of good governance and ensuring that the people have the right to decide who should be on the ballot.

Secretary Ashcroft, who is also running for the Republican nomination for governor in August, underscored the significance of the case, stating, "When one person has the authority to arbitrarily remove a candidate from the list, our republic is in trouble." He further warned that granting such autonomy would set a dangerous precedent that a deeply divided nation may struggle to recover from.

The U.S. Supreme Court is scheduled to hear the case on February 8th.

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