Liberal groups are trying to end Donald Trump's attempt to return to the White House by arguing that he is no longer eligible to be president after trying to overturn the 2020 election results.
The complex legal issues were highlighted on Wednesday when the Arizona Republic reported that Secretary of State Adrian Fontes said his hands are tied because of a ruling by that state's high court that only Congress can disqualify someone on Arizona's presidential ballot. Fontes, a Democrat, called the ruling “dead, flat wrong” in an interview with the Republic but said he would abide by it.
“As Georgia’s Secretary of State, I have been clear that voters are smart and deserve the right to decide elections.,” he said in an emailed statement. Indeed, the New Hampshire Secretary of State's office was flooded with messages about the issue on Monday, said Anna Sventek, a spokeswoman. Earlier in the day, a conservative personality had falsely claimed the state was about to strike Trump from the ballot.
McConnell questions whether the provision even applies to the presidency because it is not one of the offices specifically listed in the 14th Amendment — which instead refers to “elector of president and vice president.” He also said it's unclear whether the Jan. 6 attack constitutes an “insurrection” under the law or simply a less legally fraught incident such as a riot.
Ratified in 1868, the 14th Amendment helped ensure civil rights for freed slaves — and eventually for all people in the U.S. — but also was used to prevent former Confederates officials from becoming members of Congress and taking over the government they had just rebelled against.
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