Disqualification does not require conviction because the 14th Amendment sets a clear qualification for holding public office
Source: Assemblymember Evan Low, The Mercury News
If the courts decide to remove Trump from the ballot, as they should, it will be because of the fact we all witnessed his insurrection on Jan. 6, 2021, and their action to do so should inspire confidence in our United States Constitution and the Rule of Law.
Contrary to how some have misrepresented the letter my colleagues and I sent to California Attorney General Rob Bonta, we are not asking to “unilaterally strike (Donald) Trump’s name” from the ballot.
We are instead requesting the public official who has the legal standing to quickly ask the courts to rule on the very serious question of Trump’s ballot appearance, given the plain language — as well as historical and legal precedence — of Section Three of the Fourteenth Amendment of the U.S. Constitution, for which Trump, my colleagues and I all swore allegiance to.
The U.S. Constitution is clear: No person who has sworn to uphold it and participated in insurrection shall again hold public office.
At least eight former public officials in U.S. history, including one New Mexico State Commissioner in 2022, have been disqualified from the ballot based on Section Three of the Fourteenth Amendment of the U.S. Constitution.
Disqualification does not require conviction because the 14th Amendment sets a clear qualification for holding public office: that a previously sworn public official not have participated in insurrection or rebellion against our country.
All Americans witnessed Trump order an army of his supporters to the U.S. Capitol, as well as his inaction to stop the insurrection, on Jan. 6, 2021.
I wish to see the Supreme Court of the United States issue an opinion on the question of Trump’s eligibility, but the disastrous effects of doing so late next year well into the election require that someone with standing bring forth the question in haste.
Trump continues to spread the lie that the 2020 election was rigged and stolen from him, despite more than 60 court cases refuting his false claims.
Many Republican Party voters believe Trump’s lies because they believe in our institutions: They believe that if Trump in fact did commit insurrection, or sedition, or treason, against our country that he, like others, long ago would have been held to account.
Unfortunately in this case, our system of justice is slow, but the California Attorney General has the power to speed it along.
The time is long due for the judicial system to show its teeth and protect our great Republic from the domestic enemy within.
If the courts decide to remove Trump from the ballot, as they should, it will be because of the fact we all witnessed his insurrection on Jan.6, 2021, and their action to do so should inspire confidence in our United States Constitution and the Rule of Law.
Assemblymember Evan Low, D-San Jose, represents District 26 in the California Assembly.
