Michigan court refuses to exclude Trump from US presidential election

The Michigan Supreme Court rejected an attempt to exclude Trump from the ballot. The decision left Trump on the ballot for the 2024 elections in Michigan. This was reported by a number of American media, according to UNN.

Details

According to local media, the Michigan Supreme Court has rejected an attempt to remove former President Trump from the state's Republican Party primary in 2024.

The decision came after the Colorado Supreme Court last week stripped Trump's eligibility to appear on that state's ballot in 2024. The disqualification, which was made in accordance with the 14th Amendment to the US Constitution of the US Constitution, is related to the riot in the Capitol on January 6, 2021.

It is important that the laws Colorado's election laws differ from Michigan's in a significant way that directly addresses why the appellants in this case are not entitled to the the relief they seek with respect to the previous presidential election in Michigan. 

Welch noted that in the decision, "appellants argue that political parties are state actors entities for the purposes of nominating candidates for presidential primaries, and thus political parties are subject to the United States Constitution".

"Appellants also informed this Court that on December 19, 2023, a majority of the Supreme Court of Colorado  held that Trump is ineligible to hold the office of President under the third section of the Fourteenth Amendment to the United States Constitution and that, therefore, under the Colorado Election Colorado Election Code, it would be improper for the Colorado Secretary of State to include him as a candidate for the Colorado Republican Party's primary election for President in Republican presidential primary in 2024," she continued.

Welch noted that the Colorado decision "was preceded by a lengthy evidentiary proceeding in the trial court, which developed the factual record necessary to resolve the complex legal issues issues" and that "the impact of the Colorado decision was suspended for a brief period." period, and Trump has stated his intention to seek permission to appeal to the United States Supreme Court of the United States".

At the same time, she added that "appellants have not find any similar provision in the Michigan Election Act that requiring those seeking the office of President of the United States to prove their legal qualifications for that office, to demonstrate their legal qualifications for the office".

The 14th Amendment states: "No person shall shall be a Senator or Representative in Congress, or an elector of the President or Vice President, or hold any office, civil or military, in the United States or any State, who, having previously taken the oath of office as a member of Congress or as an Member of Congress, or as an officer of the United States, or as a member of any legislative body of any State, or as an officer of the executive or judicial branch of of any State, to support the Constitution of the United States, and shall, in time of in time of rebellion or insurrection against them, or to aid or comfort the enemies of the same. But Congress may, by a two-thirds vote of each House, remove such disability".

After the ruling, Trump also said that "this pathetic gambit of voter fraud has failed across the the country, including in states that leaned heavily Democratic.

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Disqualification lawsuits related to the appearance of Trump's name on the ballot are pending in other states, including Texas, Nevada, and Wisconsin.