Activist Robert Davis has requested that Michigan Secretary of State Jocelyn Benson declare former President Donald Trump ineligible for Michigan ballots in 2024. Davis argues that Trump should be disqualified under the 14th Amendment to the U.S. Constitution, which states that no one can hold office if they have engaged in insurrection or rebellion. Davis is seeking a ruling from Benson, six months before Michigan’s presidential primary election.
Some legal experts, including retired judge J. Michael Luttig and constitutional law professor Laurence Tribe, believe that the 14th Amendment should prevent Trump from running for president again. They argue that his actions leading up to the riot at the U.S. Capitol on January 6, 2021, demonstrate his engagement in insurrection. However, public polling shows Trump as the leading GOP candidate for the Republican presidential nomination, and blocking his name from ballots would have significant political implications.
Under Michigan law, Benson and the chairwoman of the Michigan Republican Party must develop lists of presidential candidates whose names will appear on the primary ballots. Davis wants to persuade Benson to prevent Trump’s name from appearing on the ballot under the 14th Amendment. Similar efforts have already taken place in other states, such as North Carolina and Florida.
Davis has a history of filing legal challenges against candidates and officeholders, seeking to enforce Michigan election law. He intervened as a defendant in the unsuccessful November 2020 lawsuit brought by Texas lawyer Sidney Powell to overturn Michigan’s last presidential election. It remains to be seen how Benson will respond to Davis’ request.
Benson has stated that evidence and facts related to Trump’s eligibility are still playing out in ongoing court cases against him. She acknowledges that there are valid legal arguments regarding Trump’s eligibility, but it is too soon to assess the likelihood of him not making the ballot. Benson also points out that election officials need to consider the precedent that barring Trump from the ballot would create.
While there is a potential issue with Trump’s qualifications, it may be too early in the election process for Benson to prevent his name from appearing on the ballots. Benson does not have to issue a formal response to Davis’ request.
Trump currently faces four criminal cases with a total of 91 alleged criminal counts. Two of the cases directly relate to his efforts to overturn the 2020 presidential election results. However, he has not been found guilty of any of the charges against him. Trump’s campaign has not yet responded to Davis’ request.
Overall, the request to declare Trump ineligible for Michigan ballots in 2024 is a significant legal challenge that could have substantial political implications. It remains to be seen how Benson will respond and what impact this may have on Trump’s potential candidacy.
Original Story at www.detroitnews.com – 2023-08-28 21:56:15
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