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How Donald Trump Can Be Disqualified From Running For President

Donald Trump
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Under the 14th Amendment, secretaries of state can disqualify the former president from running again.

Ahead of the 2024 presidential election, civil rights organizations are urging state governments to disqualify former president Donald Trump from appearing on ballots.

Section 3 of the Fourteenth Amendment, known as the Insurrectionist Disqualification Clause, prohibits anyone who has taken an oath of office from holding that office if they have "engaged in insurrection or rebellion" against the United States. Several organizations say that because of his role in the January 6 Capital attacks, Trump can be legally barred from running for office.

Starting Sunday, Mi Familia Vota, and Free Speech for People have penned a letter to Nevada Secretary of State Cisco Aguilar asking him to disqualify Trump. The groups also plan to hold rallies outside the offices of the secretaries of state in California, Oregon, Colorado, and Georgia.

“We’re really focusing on [those states] to make sure that they are taking a stand by disqualifying Trump in those spaces, which is something that the secretary of state can do,” said Héctor Sánchez, executive director of Mi Familia Vota, via The Hill.

Sanchez added that while disqualifying Trump would be an unprecedented scenario, the groups have “had a number of meetings with secretaries of state and we have had this discussion, so it’s a real possibility."

Trump has received several criminal indictments since leaving office, none of which involve the January 6 insurrection, though an investigation over his part in the attacks is currently ongoing. While the Fourteenth Amendment does not encompass his current charges, the groups say that the January 6 investigation in itself does fall under the law.

“Trump is responsible for the January 6th insurrection, plain and simple,” said Alexandra Flores-Quilty, campaign director for Free Speech For People. “Failing to hold him responsible not only violates the Constitution, but it also sets a dangerous precedent for permitting violent attacks on our democracy. That’s not a risk we can afford to take.”

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