Trump Wins Michigan and Minnesota Primary Ballot Contests, Loses Colorado

Precedential candidate Donald Trump is now 2-1 in state supreme court cases over the issue of his eligibility to appear on 2024 Presidential primary ballots.

The Minnesota Supreme Court punted, holding the real issues not yet ripe:

Thus, although the Secretary of State and other election officials administer the mechanics of the election, this is an internal party election to serve internal party purposes, and winning the presidential nomination primary does not place the person on the general election ballot as a candidate for President of the United States. As we explained in De La Fuente, in upholding the constitutionality of this statutory scheme for the presidential nomination primary, “[t]he road for any candidate’s access to the ballot for Minnesota’s presidential nomination primary runs only through the participating political parties, who alone determine which candidates will be on the party’s ballot.” 940 N.W.2d at 494–95. And there is no state statute that prohibits a major political party from placing on the presidential nomination primary ballot, or sending delegates to the national convention supporting, a candidate who is ineligible to hold office. Because there is no error to correct here as to the presidential nomination primary, and petitioners’ other claims regarding the general election are not ripe, the petition must be dismissed, but without prejudice as to petitioners bringing a petition raising their claims as to the general election.

The Colorado Supreme Court, in a 4-3 decision kept Trump off of the ballot:

Unsurprisingly, the crowd at the Ellipse reacted to President Trump’s words with calls for violence. Indeed, after President Trump instructed his supporters to march to the Capitol, members of the crowd shouted, “[S]torm the capitol!”; “[I]nvade the Capitol Building!”; and “[T]ake the Capitol!” Id. at ¶ 141. And before he had even concluded his speech, President Trump’s supporters followed his instructions. Id. at ¶ 146. The crowd marched to the Capitol, many carrying Revolutionary War flags and Confederate battle flags; quickly breached the building; and immediately advanced to the House and Senate chambers to carry out their mission of blocking the certification of the 2020 presidential election.

His supporters bringing Confederate battle flags to the rally could not have helped Trump’s position that the amendment enacted after the civil war to deal with Confederates did not apply to him.

The Michigan Supreme Court  dismissed the case without addressing the merits.  The dissent strongly suggests the same grounds as Minnesota were relied upon, that the matter is not ripe for adjudication because a political party may put whoever it wants on a ballot.

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