The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 Republican primary ballot.
The decision comes after the Colorado Supreme Court last week disqualified Trump from appearing on the state’s ballots in 2024. The disqualification, which was made under the 14th Amendment of the U.S. Constitution, is related to the Capitol riot on Jan. 6, 2021.
“Significantly, Colorado’s election laws differ from Michigan’s laws in a material way that is directly relevant to why the appellants in this case are not entitled to the relief they seek concerning the presidential primary election in Michigan,” Justice Elizabeth Welch wrote Wednesday, explaining the court’s ruling.
Welch said “appellants argue that the political parties are state actors for purposes of putting forward candidates for the presidential primary, and thus, the political parties are subject to the United States Constitution.
“The appellants have also notified this Court that on December 19, 2023, a majority of the Colorado Supreme Court held that Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution and that therefore, under the Colorado Election Code, it would be wrongful for the Colorado Secretary of State to list him as a candidate on the Colorado Republican presidential primary ballot in 2024,” she continued.
“The Colorado Supreme Court’s decision was preceded by a lengthy evidentiary proceeding in a trial court that developed the factual record necessary to resolve the complicated legal questions at issue. The legal effect of the decision from Colorado has been stayed for a short period, and Trump has indicated his intent to seek leave to appeal in the United States Supreme Court,” the ruling said.
But “The appellants have identified no analogous provision in the Michigan Election Law that requires someone seeking the office of President of the United States to attest to their legal qualification to hold the office,” Welch argued.
The 14th Amendment states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability.”
Disqualification lawsuits relating to Trump’s appearance on the ballot are pending in other states, including Texas, Nevada and Wisconsin.
Fox News’ Adam Sabes. Bill Mears and The Associated Press contributed to this report.
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