The top election official in New Hampshire won't invoke the U.S. Constitution's 14th Amendment to block former President Trump from the ballot in the state that holds the first primary
Secretary of State Dave Scanlan, at a news conference Wednesday at the state house in Concord, also announced that the filing period for the 2024 presidential primary will start on Oct. 11 — meaning it's nearly all but certain the date of the contest will lead to a collision with the Democratic National Committee.
Messner was very publicly questioning the former president's eligibility to run for the White House, and cited Section 3 of the 14th Amendment of the U.S. Constitution. That section disqualifies those who’ve taken an oath to support the Constitution from holding office again if they’ve"engaged in insurrection or rebellion" against the U.S."or given aid or comfort to the enemies thereof.
A legal advocacy group that had previously targeted Republican Rep. Marjorie Taylor Greene of Georgia and then-Rep. Madison Cawthorne of North Carolina over ballot qualifications this summer sent letters to elections officials in nine states asking them to keep Trump from the ballot. And some prominent legal scholars have advanced the argument.
Scanlan, a former Republican state lawmaker, also sought legal input from the New Hampshire Attorney General's Office. And a concurring statement from state attorney general John Formella highlighted that state law"does not afford the Secretary of State discretion to withhold a candidate's name from the ballot on the grounds that the candidate may be disqualified under Section Three when a candidate has not been convicted or otherwise.
Scanlan emphasized that"I think a decision on this requires a ruling from the United States Supreme Court to do anything differently than what we have planned here."
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