Donald Trump Seeks to Prevent Michigan Secretary of State from Omitting His Name in the 2024 Primary Ballot
LANSING, Mich. (AP) — Former President Donald Trump has filed a court motion in the Michigan Court of Claims, seeking to prevent Michigan Secretary of State Jocelyn Benson from excluding his name from the 2024 primary ballot. Trump’s attorneys also request the court to declare that Benson lacks the duty and authority to assess Trump’s constitutional qualifications to serve as president.
The filing is a response to activists in Michigan who have requested a judge to order Benson to keep Trump’s name off any presidential ballot. These activists cite a section of the 14th Amendment of the U.S. Constitution, which prohibits individuals from running for federal office if they have engaged in insurrection or rebellion against the U.S., or provided aid or comfort to those who have.
Last week, a judge from the Court of Claims denied Trump’s request to dismiss the lawsuit, according to the Detroit Free Press.
Similar efforts are taking place nationwide, portraying Trump as the instigator of the January 6, 2021, attack on the U.S. Capitol, aimed at obstructing Congress from certifying Joe Biden’s 2020 presidential election victory. A lawsuit in Colorado is also invoking the Constitution’s “insurrection” clause to bar Trump from appearing on the state’s 2024 ballot. Lawyers representing six Republican and unaffiliated Colorado voters argue that Trump’s violent rhetoric prior to the attack makes him responsible.
In addition, a hearing before the Minnesota Supreme Court is scheduled for this week.
In Trump’s Michigan filing on Monday, his lawyers referred to the events of January 6, 2021, as a “riot.”
“They were not an ‘insurrection’ for purposes of section three of the Fourteenth Amendment,” the filing stated. “They did not amount to levying war against the United States. Even if the events of January 6, 2021, could constitute an ‘insurrection’ (which they do not), President Trump did not ‘engage’ in it. ‘Engaging’ requires some level of active participation. Inaction is not sufficient.”
Trump is currently considered the leading candidate for the 2024 Republican presidential nomination.
“Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him,” Trump’s Michigan filing stated. “To achieve this, they seek to force the secretary of state to violate her duties and exercise powers she does not possess in order to exclude President Trump’s name from the ballot. And they aim to utilize this court as a means to accomplish their goal.”
Benson’s office stated on Tuesday that it could not comment on ongoing litigation.
