The New York State Board of Elections is expected to decide whether Donald Trump will appear on the April 2 presidential primary ballot, but the fight to remove the former president through the commission has caught even Democrats' attention. State election experts say there are many hurdles that may not be possible. Say.
“The Election Commission is a ministerial body. Therefore, the Election Commission has the authority to determine qualifications, such as Article 3 of the 14th Amendment to the Constitution, and to determine, for example, if a candidate has submitted a fraudulent petition. They don't even have the authority. The Board of Elections doesn't even have the authority. Without the adjudicatory authority to make that decision, it would actually have to be done in court,” said Joseph Burns, an election lawyer for the New York Republican Party. He told FOX News Digital.
The New York State Board of Elections announced that Trump will be removed from office on February 6 after Democratic members of the New York City Council and state legislature asked the commission to remove Trump from office, accusing him of inciting the January 6 riot. It is expected to decide whether he can be placed on the ballot. In 2021, his supporters breached the U.S. Capitol.
Raymond J. Reilly III, the state committee's Republican co-executive director, said Monday that “the presidential primary filing period continues” and that “a meeting where Republican committee members will decide on the vote is scheduled for February 6th.” “We are doing so,” he issued a statement. access. “
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Former President Trump leaves the courtroom during his civil fraud trial in New York State Supreme Court on November 6, 2023. (Michael M. Santiago/Getty Images)
Democrats in several U.S. states said Trump's actions on January 6, 2021 violated the 14th Amendment's ban on “insurrection or insurrection.” is in the midst of a legal battle to remove Trump's name from the ballot. Rebellion against the Constitution from holding political office.”
But in New York, Burns said Democrats face an even more uphill battle to argue that Trump should not be on the ballot before they can seriously discuss violations of the 14th Amendment. Stated.
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Burns said there are three ways presidential candidates can participate in the primary ballot under New York State's Republican plan. 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.
“Obviously, it's much easier to say, 'I'm a nationally known candidate,' especially when you're a former president who's leading in the polls,” Burns said.
The New York State Board of Elections is expected to decide whether Donald Trump will appear on the April 2 presidential primary ballot. (Reuters/Emily Elkonin)
“But when the committee decides whether Mr. Trump, or anyone else, is a nationally known candidate, that's really all they look at. … That's the president. “It's not part of the requirements for determining their eligibility, whether under the 14th Amendment or otherwise,” Burns said.
Burns said that under New York's Republican presidential primary law, the issue of presidential candidates claiming they are eligible to appear on the primary ballot because they are nationally known should be left solely to the board's Republican members. He said that it was
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“I don't think they understand that the decision to keep Trump on the ballot is really only made by the two Republican members of the State Board of Elections. The law is written that way. That's why the Democratic committee members wouldn't have done that.'' Anyone can say that,'' Burns said.
The law states: “Notwithstanding any provision of law to the contrary, a request by a candidate to participate in a major political party's presidential primary shall be based on a joint recommendation by members of the State Board of Elections.'' shall be determined solely on the recommendation of the political party or the legislative leadership of the political party, and no other members of the State Board of Elections shall participate in such decisions.”
Burns said this is a departure from how the evenly divided election board normally operates, as both Republican and Democratic commissioners typically need to agree for a proposal or agenda to move forward. Stated.
He said Democrats would have to go to court instead of taking the issue to the New York State Board of Elections to remove Trump.
“It's going to have to happen in a courtroom where you can actually present evidence and litigate the case. Right now, there's only so many people who can even get into state court,” he said.
Burns said it was “very interesting” to see the letter Democratic lawmakers wrote to the election board calling for Trump's removal from office. This is because the Democratic Party does not believe it has the standing to challenge or sue Trump to remove him from office.
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new york state capitol (FOX News Photo/Joshua Commins)
“In most cases, only those individuals who have challenged the opposing candidate can run. It is hard to believe that any of Mr. Trump's rivals would go to court to remove him from the ballot. And , a potential opponent would have to be President Trump's party member.
Jason Weingartner, executive director of the New York Republican State Committee, told Gotham Outlet this week that Democrats need to take the issue to court because the Board of Elections is “not a court.”
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“This is not a courtroom,” he said. “They are not in a position to decide whether someone was an insurrectionist or not. They need to have a court decide that with fact-finding. And they are not in that position.”
New York Republican Party spokesman David Laska added in comments to Fox News Digital that “no one will be fooled” by Democrats' plan to remove Trump.
“The same Democrats who advocate the end of democracy are trying to remove opposition members from the ballot rather than letting voters decide. No one will be fooled,” Laska said.
Last week, President Trump asked the U.S. Supreme Court to overturn the Colorado Supreme Court's decision, arguing that “the Colorado Supreme Court does not have the authority to deny participation in the state's ballot.” (Drew Angerer/Getty Images)
Ahead of this year's election, other states are also in the midst of legal battles over whether to remove Trump's name from ballots, most notably Colorado. The Colorado Supreme Court ruled last month to bar Trump from voting, with the justices writing: In their opinion, Trump “Incited and encouraged” the use of violence to prevent the peaceful transfer of power on January 6, 2021 after the 2020 presidential election.
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Last week, President Trump asked the U.S. Supreme Court to overturn the Colorado Supreme Court's decision, arguing that “the Colorado Supreme Court does not have the authority to deny participation in the state's ballot.” The High Court is scheduled to hear the case next month.
Maine has also barred Trump from its ballot, which the former president is appealing in state court, and efforts to remove Trump's name are underway in other states, including Illinois, Oregon and Massachusetts. It is progressing.
United States Supreme Court (AP Photo/J. Scott Applewhite/File)
Burns said the issue in New York could end following the Supreme Court's ruling on the Colorado case.
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“With the Supreme Court hearing in early February, there's certainly a good chance that everything will be resolved before someone in New York tries to take Trump off the ballot,” he said. Stated.
