Legal efforts to remove former President Trump from New York state’s primary ballot are fraught with problems and likely to fail “before even reaching the 14th Amendment argument,” Empire State election lawyers say. Stated.
The New York State Board of Elections (BOE) last week certified ballots with Trump’s name on them ahead of the state’s Republican primary in April, Democratic Sen. Brad Hoylman Sigal said on the same day. Trump filed a petition with the state Supreme Court, arguing that he was not eligible. . The move to certify ballots comes after Democratic lawmakers in the state last year accused Trump of inciting the riot when his supporters breached the U.S. Capitol on Jan. 6, 2021. This followed a letter he wrote to the BOE asking commissioners to ban him from the organization.
But New York Republican election attorney Joe Burns said in a phone interview Monday that this month’s lawsuit is likely to fail due to several procedural issues.
“First, in order to stand in court, these individuals must be qualified opponents. is not a proper challenge under New York state law.” So they have a little bit of a problem standing as an opponent to begin with. That’s the main reason. ”
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Former President Trump gestures to the crowd at a campaign event in Pickens, South Carolina, July 1, 2023. (Sean Rayford/Getty Images)
Burns has previously said that candidacy is generally limited to individuals who challenge opposing candidates, and that it is “hard to believe” that any of Trump’s rivals would go to court to remove him from the ballot. “Any potential opponent would do that,” he added. Becoming a party member. ”
Second, Mr. Burns explained that there were only 10 days between the time Mr. Trump filed his lawsuit with the Board of Elections and his lawsuit aimed at keeping him from voting.
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“There is a very limited period of time to file a lawsuit to remove someone from the ballot, and that is not determined by the decision of the Board of Elections, but in most cases if the candidate files a petition or “It’s determined by the time you submit your certification, which Mr. Trump did,” he said, referring to Mr. Trump’s application in December.
“The election law has the shortest statute of limitations among New York state laws. The grace period from filing the certificate to starting the case was only 10 days. I think that’s another problem they have.”
Finally, Burns said that voters in the New York State Republican presidential primary are not voting for a particular candidate, but rather “voting to bind convention delegates to vote for one candidate or another.” “
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New York State Capitol Building in Albany. (FOX News Photo/Joshua Commins)
“So all these questions about qualifications, the 14th Amendment, in many ways, which may be an understatement, just don’t apply, because the 14th Amendment question is, “The 14th Amendment doesn’t apply at all, which may be an understatement.” Because it’s about the individuals who hold the office. What’s going on with the presidential primaries. It’s just…binding the representatives.”
Asked why Democrats aren’t following established procedures for litigation, Burns puzzled.
“It’s hard to say why they didn’t take these steps a while ago, why they didn’t dot the I’s and cross the T’s and comply with election requirements,” he said. .
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The petitioners’ New York co-counsel, Roger Bernstein, told Fox News Digital in comments Tuesday that “the case was properly filed” and the petitioners are “fully qualified.”
“The petitioners are perfectly qualified to bring this lawsuit and the lawsuit was properly filed. The petitioners are now in a position where insurrectionists will take over and have a new opportunity to destroy the Constitution. “I have very well-founded concerns that this should not be the case,” Bernstein said. “It would be unfair to do so, so the issue of disqualification should be raised now.” .
The lawsuit comes after Democratic efforts to block President Trump through the BOE failed, with Burns arguing that the election board must determine whether a candidate is “nationally known or not.” ” and whether the candidate is “nationally known,” which he predicted more than a month ago. Whether President Trump has violated the 14th Amendment.
Under New York’s Republican proposal, there are three ways presidential candidates can participate in the primary ballot. Indicates that the candidate is eligible to receive Presidential Primary Matching Fund payments. Submit a designated petition with 5,000 signatures, representing 5% of registered Republican voters in the state. or by claiming that the candidate is a nationally known and recognized individual.
Hoylman-Segal was the lead author of a letter to the BOE in December, alleging that Trump incited the riot on January 6, 2021, and urging commissioners to exclude Trump from voting. Democrats in New York and other states are seeking removal.President Trump claims former president’s actions on January 6th violate constitutional provisions 14th Amendment This violates the Constitution and prevents people who have “engaged in rebellion or insurrection” from holding political office.
There are multiple forms of ranked choice voting and they are used in various states and territories within the United States. (Paul J. Richards/AFP via Getty Images)
“These are unprecedented times, with a president of the United States inciting an insurrection to overturn the results of our nation’s democratic election,” Hoylman-Segal said last week, according to Politico. “We can’t let this go.”
Burns told Fox News Digital this week that the BOE was correct in allowing the vote because Trump is a nationally known figure.
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“They did what election law legally required them to do. All they have to determine is whether these people are nationally known candidates,” Burns said Monday. All other considerations are outside their scope,” he said of the BOE’s determination. Put Trump on the ballot.
Coinciding with the effort to remove Trump from New York, the U.S. Supreme Court heard oral arguments last week in the midst of an effort to remove Trump from the ballot in Colorado, where Trump appeared on the ballot. They argued that doing so would violate Section 3 of the 14th Amendment to the U.S. Constitution. The Supreme Court justices appeared to have doubts about Democrats’ efforts to remove the former president, according to audio of oral arguments reviewed by experts and experts.
As of Monday, Trump’s lawyers are seeking a stay of the New York lawsuit pending a ruling by the Colorado Supreme Court.
Bernstein told FOX News Digital that the decision was made to “delay filing” the lawsuit pending the SCOTUS ruling on the Colorado case.
“The New York State Legislature has been brought to the New York State Legislature due to the pending U.S. Supreme Court case regarding former President Trump’s disqualification and a matter that the court appears to be nearing a decision on, well in advance of New York’s April primary. “We have decided to postpone the filing of this lawsuit,” Bernstein said. “Pending the decision of the U.S. Supreme Court, we will defer to the state Supreme Court. Further action may be taken at that time.” said.
The U.S. Supreme Court will convene in Washington on November 15, 2023. (AP Photo/Mariam Zuhaib, File)
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Burns, citing fellow experts, said there was even a chance the Supreme Court could rule unanimously in Trump’s favor.
“I think most of the pundits out there think it’s going to be a pretty lopsided victory for Trump, whether it’s 7-2, 8-1 or 9-0.” he said. A Supreme Court judge could issue a ruling. “The other thing I’m hearing from you is that they’re going to take action quickly. This isn’t something they’re going to sit on for too long.”
