Michigan Supreme Court Rejects Bid To Remove Trump From 2024 Ballot
Afimag.com –
The Michigan Supreme Court on December 27, 2023, has rejected an appeal from a group of voters in the state challenging former President Donald Trump’s candidacy for 2024 presidency under the Constitution’s “insurrection clause.”
The group called for the disqualification of Trump under the provisions in the Constitution which prohibit people that affected by “insurrection or rebellion” from holding office if they have previously sworn an oath to the United States.
The Michigan, in its ruling said Trump remained on the ballot against a decision by Colorado’s apex court last week to disqualify him under the same constitutional provision.
In a brief order, the state high court denied a request from four voters to review a Michigan Court of Appeals decision that allowed Trump to remain on the Republican presidential primary ballot.
The Michigan Supreme Court which comprised of seven justices, maintained that it is not persuaded that the questions presented should be reviewed by this court, and that the order was not signed, and a vote count was not noted.
According to CBS, justice Elizabeth Welch, dissented and wrote the only legal issue properly before the state supreme court is whether the lower courts erred in finding the Michigan secretary of state lacks the authority to exclude Trump’s name from the presidential primary ballot.
Welch wrote that she agreed with the Court of Appeals that Secretary of State, Jocelyn Benson, must place Trump on the primary ballot irrespective of whether he is disqualified from holding office under Section 3 of the 14th Amendment, known as the “insurrection clause.”
Welch said, “The secretary of state is not legally required to confirm the eligibility of potential presidential primary candidates. She lacks the legal authority to remove a legally ineligible candidate from the ballot once their name has been put forward by a political party in compliance with the statutes governing primary elections.”