California may be the next state to ban former President Trump from its primary ballot over 14th Amendment concerns. Lt. Gov. Eleni Kounalakis (D) requested the state on Wednesday look into “every legal option” to do just that.
The move follows a ruling from the Colorado Supreme Court on Tuesday that affirmed Trump engaged in insurrection on Jan. 6, 2021 by inflaming his supporters with false claims of election fraud and directing them to the Capitol — preventing him from a second White House term under the 14th Amendment’s “insurrection clause.” The state court's decision kicked Trump off the state primary ballot, barring a challenge from the federal Supreme Court.
“Based on the Colorado Supreme Court’s ruling ... I urge you to explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot,” Kounalakis wrote to Secretary of State Shirley Weber (D).
“This decision is about honoring the rule of law in our country and protecting the fundamental pillars of democracy,” she continued.
The Colorado ruling on Tuesday upheld a lower court ruling that Trump was responsible for the Jan. 6 Capitol riots and the violence that took place. But it overturned part of the lower ruling that the 14th Amendment didn’t apply to presidents, instead determining it did.
The procedural side of the argument, whether the clause applies to the presidency, will likely be the center of the expected Supreme Court case over the decision.
Kounalakis said that after the Colorado case, California must now also determine the former president’s eligibility on the same grounds.
“California must stand on the right side of history,” she said. “The Colorado decision can be the basis for a similar decision here in our state. The constitution is clear: you must be 35 years old to and not be an insurrectionist.”
“There will be inevitable political punditry about a decision to remove Trump from the ballot, but this is not a matter of political gamesmanship,” she continued. “This is a dire matter that puts at stake the sanctity of our constitution and our democracy.”
Kounalakis urged Weber to make a decision on Trump’s eligibility quickly, as the state is scheduled to finalize primary ballot candidates on Dec. 28.
