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Monday, January 29, 2024

Can Trump Be Kept Off Red State Ballots?

My new column at The Hill is mostly descriptive, detailing the issues in the Trump ballot cases by using the standard journalism inquiries: who, what, when, where, and how? (But not in that sequence.)

It also includes an observation I have not seen elsewhere, explaining the practical impossibility of keeping Trump off of ballots in the red states, no matter what the Supreme Court says:

Trump v. Anderson formally involves only the Colorado case.

Trump being Trump, yet more chaos would likely follow if he loses, with the Supreme Court keeping him off the Colorado ballot. A finding of Trump’s ineligibility, especially if it seems hedged or just slightly equivocal, would not automatically remove him from the ballot in the red states. That would require local compliance. Republicans, however, currently control the election machinery in 27 states.

Thus, it is entirely likely that Trump’s name would still appear on the election ballots in most or all of those states, no matter what the Supreme Court says, conceivably leading to a purported majority of electoral votes. Would Vice President Kamala Harris count such electoral votes, officially certified by their state governments, even if they’re contrary to a Supreme Court decision?

You can read the entire essay at The Hill.

Posted by Steve Lubet on January 29, 2024 at 11:52 AM | Permalink

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