UNITED STATES NEWS

New Hampshire secretary of state won’t block Trump from ballot in key presidential primary state

Sep 13, 2023, 8:26 AM

CONCORD, N.H. (AP) — New Hampshire’s top election official said Wednesday he will not invoke an amendment to the U.S. Constitution to block former President Donald Trump from appearing on ballots in the state, which will hold the first Republican presidential primary next year.

Secretary of State David Scanlan said that under state law the name of anyone who pays the $1,000 filing fee and swears they meet the age, citizenship and residency requirements “shall be printed on the ballots.”

“That language is not discretionary,” Scanlan, a Republican, said in a press conference he called to address various legal efforts to bar Trump from the 2024 race.

Scanlan rejected claims made in lawsuits filed in New Hampshire and elsewhere that Trump is ineligible to run for the White House again under a rarely used clause under the 14th Amendment to the U.S. Constitution, which prohibits those who “engaged in an insurrection or rebellion” against the Constitution from holding higher office. While other election officials have said they are looking for guidance from the courts on how to interpret the clause, Scanlan said it doesn’t pertain to running for office.

“This is not the venue to be trying to force this issue into the courts,” Scanlan said.

The Civil War-era clause prohibits anyone who swore an oath to uphold the Constitution — and then broke it — from holding office. The provision is nestled at the end of the 14th Amendment, which has been the foundation of civil rights litigation, and doesn’t explicitly mention the presidency but does cite “presidential electors.”

It has been used only a couple of times since Congress rescinded the measure’s ban on former Confederates in 1872. But the clause received renewed attention after the Jan. 6, 2021, attack on the U.S. Capitol by supporters of Trump who were seeking to halt certification of the 2020 election results.

The liberal group Free Speech For People, which sued to bar Trump from the ballot in Minnesota on Tuesday, asked in 2021 that all 50 states keep the former president off the 2024 ballot. Those demands have drawn more attention as voting in the Republican presidential primary draws nearer and an increasing number of legal scholars argue that the 14th Amendment may actually prohibit Trump from running again.

Scattered lawsuits have been filed making that claim, usually by relatively obscure political personalities representing themselves, such as in Maine and New Hampshire. In both states, a longshot Republican presidential hopeful who lives in Texas has filed the lawsuit. But the first wave of significant litigation began last week when a prominent liberal group sued to keep the former president off the Colorado ballot.

The issue will likely only be resolved by the U.S. Supreme Court, which has never ruled on the clause.

Most Secretaries of State have balked at the idea of striking a presidential candidate on their own. Minnesota Secretary of State Scott Simon, a Democrat, said in a statement last week that his office can’t take such action on its own and could only do so if compelled by courts.

“The Office of the Minnesota Secretary of State does not have legal authority to investigate a candidate’s eligibility for office,” Simon said days before the lawsuit filed by Free Speech For People to declare Trump ineligible.

New Hampshire law does give Scanlan sole authority to schedule the primary. He hasn’t done that yet, but on Wednesday announced that candidates can sign up between Oct. 11 and Oct. 27.

___

Riccardi reported from Denver.

United States News

FILE - A voting sign is seen near a voting center at Croft Baptist Church, Feb. 24, 2024, in Sparta...

Associated Press

A chunk of Republican primary and caucus voters say they wouldn’t vote for Trump as the GOP nominee

About 1 in 10 early contest voters who said they supported Trump in the 2020 general election said they wouldn’t be doing so this year.

53 seconds ago

Associated Press

2 police horses on the lam cause traffic jam on I-90 in Cleveland area

CLEVELAND (AP) — Drivers on an Ohio interstate came upon an unusual traffic hazard over the weekend — a pair of police horses trotting against traffic on the highway. The two animals on the lam caused an unusual traffic jam Saturday afternoon as they wove through slowing traffic and then stopped it on Interstate 90 […]

4 hours ago

On Friday, March 1, 2024, the U.S. Food and Drug Administration said yogurt sold in the U.S. can ma...

Associated Press

Eating yogurt may reduce risk of type 2 diabetes, FDA says

Eating at least two cups of yogurt a week might reduce the risk of type 2 diabetes, the U.S. Food and Drug Administration said.

4 hours ago

Associated Press

Georgia teen critically injured after police trade gunfire with a group near Six Flags

AUSTELL, Ga. (AP) — A 15-year-old boy was critically injured in a shooting near Six Flags Over Georgia, a popular amusement park in suburban Atlanta, after police exchanged gunfire with a group of people, authorities said Sunday. Cobb County Police Department officers were assisting with crowd control near the amusement park’s entrance on Saturday “after […]

4 hours ago

Associated Press

Cancer patient dragged by New York City bus, partially paralyzed, awarded $72.5 million in lawsuit

NEW YORK (AP) — A Florida woman who says she was struck and dragged by a New York City bus and left partially paralyzed has been awarded $72.5 million in her lawsuit against the city’s transit agency. A city jury found in favor of Aurora Beauchamp, now 68, who was hit by a Metropolitan Transportation […]

6 hours ago

Associated Press

Key Northern California highway closed as snow continues to fall in the blizzard-hit Sierra Nevada

TRUCKEE, Calif. (AP) — A major highway was closed and ski resorts were shut down Sunday as the effects of a powerful blizzard continued to cause problems across the Sierra Nevada, and forecasters warned that more heavy snow was on the way for Northern California. Sections of Interstate 80 to the west and north of […]

8 hours ago

Sponsored Articles

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

...

Day & Night Air Conditioning, Heating and Plumbing

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

...

Sanderson Ford

The best ways to honor our heroes on Veterans Day and give back to the community

Veterans Day is fast approaching and there's no better way to support our veterans than to donate to the Military Assistance Mission.

New Hampshire secretary of state won’t block Trump from ballot in key presidential primary state