WASHINGTON — Colorado Secretary of State Jena Griswold on Wednesday asked the Supreme Court to conclude that the state can lawfully bar former President Donald Trump from the Republican primary ballot because of his actions in 2020 that culminated in the Jan. 6 attack on the Capitol.
The case concerns, among other things, whether Trump “engaged in insurrection” under section 3 of the Constitution’s 14th Amendment and is therefore prohibited from serving as president.
Griswold, a Democrat who is the top election official in the state, filed a brief filed ahead of Supreme Court arguments next week that defended Colorado’s process for determining whether candidates are eligible.
“Over the decades, Colorado has repeatedly relied on this state court procedure to resolve ballot access and other election disputes presenting novel and complex issues of both fact and law, including issues of constitutional magnitude,” Griswold’s lawyers wrote.
The same state process is used to determine whether candidates for president are barred from serving for other reasons, such as whether they are the required minimum age of 35, the lawyers added.
The state, they said, “should not be forced to include a candidate found by its courts to have violated his oath to support the Constitution by engaging in insurrection.”
Trump and the six Colorado voters who brought the challenge have already filed their briefs.
The case will be closely watched, as other states could follow suit if Trump is kicked off the ballot in Colorado
