Criminal defense attorney Lexie Rigden discusses the Supreme Court’s decision to hear the Colorado ballot ruling case and the impact it may have on the upcoming election. In a move that has caught the attention of many, a Democrat-sponsored bill in Hawaii has advanced in the state legislature, potentially barring former President Trump from the ballot for his alleged role in inciting the January 6th riot at the U.S. Capitol.
Introduced by Hawaii state Senator Karl Rhoads, a Democrat representing Honolulu, the bill aims to exclude any candidate who is disqualified under Section 3 of the 14th Amendment to the U.S. Constitution, Article XVI, Section 3 of the Constitution of the State of Hawaii, or any other constitutional or statutory provision. While the bill does not explicitly name Trump, it draws inspiration from similar measures taken in Maine and Colorado, where Trump was barred from appearing on their state ballots due to the insurrection clause.
Furthermore, the Hawaii proposal seeks to prevent electors from voting for any presidential or vice-presidential nominee who has been disqualified under Section 3 of the Fourteenth Amendment, as determined by a federal court or the state supreme court. The bill also aims to stop disqualified candidates from appearing on party ballots for presidential and vice-presidential nominees.
“The legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people,” the bill states.
Challenges to the inclusion or exclusion of any candidate on a ballot will be assessed by the appropriate district court, with a hearing held no later than the fifty-fourth day prior to the general election. The party filing the challenge bears the burden of sustaining it by a preponderance of the evidence, unless a higher burden is required by constitutional law.
Trump’s campaign has consistently characterized efforts to block him from the ballot as an attempt to disenfranchise American voters. In Maine, Secretary of State Shenna Bellows, a Democrat, has appealed a judge’s ruling to remove Trump from the ballot. Bellows wants Maine’s highest court to weigh in on the matter before the March 5 primaries.
However, time is running out as Super Tuesday approaches. The U.S. Supreme Court is set to hear arguments in the Colorado case on February 8, making it unlikely that statutory deadlines for Bellows to reissue a ruling on Trump’s ballot status and for additional appeals to be filed before Election Day can be met.
Lawsuits in Minnesota, Michigan, Arizona, and Oregon aiming to block Trump from the 2024 ballot have already been dismissed on procedural grounds. The Illinois State Board of Elections is also reportedly still considering a challenge to Trump’s eligibility.
The outcome of these legal battles will have significant implications for the upcoming election and the eligibility of candidates with controversial backgrounds. As the situation unfolds, it remains to be seen whether Trump will be able to secure a place on the ballot or if his alleged involvement in the Capitol riot will keep him out of the race.
The Associated Press contributed to this report.
