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Colorado GOP Threatens to Go Rogue If Trump Decision Stands
(www.thedailybeast.com)
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this post was submitted on 21 Dec 2023
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The ruling is that the sec state cannot allow onto the ballot a candidate who is legally disqualified.
Not quite. The law is that the secretary cannot allow someone onto the primary ballot who is, in their opinion, disqualified. The ruling is that CO has the right to use that law to keep Trump off of the primary ballot.
I don’t know whether that law also applies to the general election ballot, but the fact that the republicans think that they can pull it out of the state’s hands and do a run around with a caucus makes me think it’s about the primaries. I don’t think they can legally switch to a caucus mid race for other reasons, but if they do they think it’s a path.
That's the dispute right now. The argument is that the Constitution commands something, and all government officers and courts are sworn to follow it. It's the same as the exclusionary rule. In the Constitution the 4th Amendment says "no unreasonable search and seizure." Doesn't say anything about the legal remedy or what to do when it happens.
The Supreme Court held that the command implies the remedy, and the command must be followed by all officers and courts.
The argument here is whether it's like that, or whether the right is only vitiated if Congress passes a statutory framework to provide a remedy. It's a dumb take and such a rule would effectively makes the Constitution meaningless.
Doesn't matter if it's the primary or general. The secretary of State creates and distributes the ballots, she cannot put Trump's name on it any more than a prosecutor could offer illegally obtained evidence. It is the prosecutor's duty to follow the command of the Fourth Amendment, same as it is the secretary's duty to follow the commands of the Constitution; she could not list someone on the ballot under 35 years of age, she cannot list an insurrectionist.