On January 6, 2021, former President Donald Trump incited hundreds of violent insurrectionists to storm the Capitol in an effort to overturn the results of the 2020 election, and other elected officials aided or gave comfort to the insurrectionists. As a result, five people died and more than 140 officers were injured in a seditious attack that shook our democracy to its core. Now, Trump has declared his candidacy for president again in 2024.

However, Trump’s incitement of the January 6th insurrection makes him ineligible for any future run for office.

Initially enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution and then engages in insurrection or rebellion against the United States, or gives aid or comfort to those who have. By inciting a violent attack on Congress in an effort to prevent the certification of his own electoral defeat, Donald Trump engaged in insurrection and violated his oath of office.

Free Speech For People and Mi Familia Vota partnered to urge Secretaries of State and chief election officials across the country to follow the mandate of Section 3 of the Fourteenth Amendment and bar insurrectionists from any future ballot.

With it’s ruling in Trump v. Anderson on March 4, 2024, the Supreme Court failed to uphold Section 3 of the 14th Amendment.  The Supreme Court did not deny that Trump engaged in insurrection. Instead, the Court ruled that states’ power to appoint presidential electors–which the Court has previously described as “far-reaching” and “plenary”–does not allow them to apply this critical provision of the Constitution to presidential candidates. Currently, states can exclude a presidential candidate from the ballot because he did not submit the proper paperwork with the proper number of verified signatures, but not because he fomented a bloody insurrection against the U.S. Constitution.

For more on our analysis of this ruling, click here to read our article in Jurist.

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Challenges to Donald Trump’s Eligibility to Appear on the 2024 Ballot

Massachusetts VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

On January 4, 2024, Free Speech For People (FSFP), along with nationally recognized litigator Shannon Liss-Riordan of the Massachusetts-based civil rights firm Lichten & Liss-Riordan, P.C., filed a challenge before the Massachusetts Ballot Law Commission on behalf of individual Massachusetts voters challenging Donald Trump’s eligibility to appear on the state’s presidential primary and general election ballot.

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Illinois VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

On January 4, 2024, Free Speech For People, along with Illinois co-counsel Hughes Socol Piers Resnick & Dym and Illinois election lawyer Ed Mullen filed an objection to Donald Trump’s candidacy on behalf of a group of Illinois voters. The objectors’ petition, filed with the Illinois Board of Elections, argues that Trump is constitutionally disqualified from public office under Section Three of the Fourteenth Amendment of the U.S. Constitution, for his role in inciting and facilitating the violent insurrection at the Capitol on January 6, 2021.

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OREGON VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

On December 6, 2023, Free Speech For People, along with Oregon co-counsel Jason Kafoury of Kafoury & McDougal and Daniel Meek, filed a lawsuit in the Oregon Supreme Court on behalf of individual Oregon voters challenging Donald Trump’s candidacy. The petition argues that Trump is constitutionally disqualified from public office under Section Three of the Fourteenth Amendment of the U.S. Constitution, for his role in inciting and facilitating the violent insurrection at the Capitol on January 6, 2021.

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MICHIGAN VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

Free Speech For People, on behalf of a diverse group of Michigan voters filed a legal challenge to Donald Trump’s candidacy. The complaint, filed with the Michigan Court of Claims against Secretary of State Jocelyn Benson, argues that Trump is constitutionally disqualified from public office under Section Three of the Fourteenth Amendment of the U.S. Constitution, for his role in inciting and facilitating the violent insurrection at the Capitol on January 6, 2021. The voters are represented by Free Speech For People, which is serving as co-lead counsel in the matter, along with Goodman Acker P.C.

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MINNESOTA VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

Free Speech For People, on behalf of a diverse group of Minnesota voters, filed a legal challenge to Donald Trump’s candidacy. The petition, filed with Minnesota Secretary of State Steve Simon, argues that Trump is constitutionally disqualified from public office under Section Three of the Fourteenth Amendment of the U.S. Constitution, for his role in inciting and facilitating the violent insurrection at the Capitol on January 6, 2021. The voters are represented by Free Speech For People, which is serving as co-lead counsel in the matter, along with Lockridge Grindal Nauen P.L.L.P.

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Amicus Briefs in Challenges to Donald Trump’s Eligibility to Appear on the 2024 Ballot

Colorado VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

On November 28, 2023, Free Speech For People filed an amicus brief in support of a group of Colorado voters, represented by Citizens For Responsibility & Ethics in Washington, urging the Colorado Supreme Court to follow the insurrectionist clause, section 3 of the fourteenth amendment, which disqualifies Donald Trump’s 2024 candidacy. Our amicus brief also explains why Colorado’s courts (or any state’s) have the ability to decide disqualification under Section 3.

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MAINE VOTERS CHALLENGE DONALD TRUMP’S CANDIDACY

On January 10, 2024, Free Speech For People filed an amicus brief, in support of Maine Secretary of State’s decision to follow the insurrectionist clause, section 3 of the fourteenth amendment, which disqualifies Donald Trump’s 2024 candidacy. Our amicus brief also explains why Maine’s courts (or any state’s) have the ability to decide disqualification under Section 3.

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2023 Letters to Election Officials About Donald Trump

2021 Letters to Election Officials About Donald Trump

Challenges to 2022 Candidates

CHALLENGE TO REP. MARJORIE TAYLOR GREENE’S CANDIDACY

A group of Georgia voters filed a legal challenge to Representative Marjorie Taylor Greene’s candidacy for re-election in 2022. The challenge, filed with Georgia Secretary of State Brad Raffensperger, alleged that Greene is constitutionally disqualified from public office under Section Three of the Fourteenth Amendment to the U.S. Constitution, because she helped facilitate the January 6, 2021 insurrection. Although the challenge did not result in Greene’s disqualification, it set important practical and legal precedent that lays the groundwork for future challenges.

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CHALLENGE TO REP. MADISON CAWTHORN’S CANDIDACY

A group of North Carolina voters has filed a legal challenge to U.S. Representative Madison Cawthorn’s 2022 candidacy. The challenge, filed before the North Carolina State Board of Elections, alleged that Cawthorn is constitutionally disqualified from public office under the Fourteenth Amendment to the U.S. Constitution, because he helped facilitate the January 6, 2021 insurrection. Although the challenge ended when Cawthorn lost his primary, it set important practical and legal precedent that lays the groundwork for future challenges.

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CHALLENGEs TO REP. PAUL GOSAR, REP. ANDY BIGGS, AND STATE REP. MARK FINCHEM’S CANDIDACIES

Arizona voters filed legal challenges to U.S. Representative Paul Gosar, U.S. Representative Andy Biggs, and Arizona State Representative Mark Finchem’s 2022 candidacies. The challenges allege that they are constitutionally disqualified from public office under the Fourteenth Amendment to the U.S. Constitution based on reasonable suspicion that they helped facilitate the January 6, 2021 insurrection. The voters are represented by Free Speech For People, which is serving as co-lead counsel, alongside the Tempe-based election law firm Barton Mendez Soto and the New York-based firm Emery Celli Brinckerhoff Abady Ward & Maazel.

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Letters to Election Officials About 2022 Candidates

Myths and Reality about the 14.3 Insurrectionist Disqualification Clause

Other Legal Actions to Challenge Corruption

Free Speech For People served at the forefront of the fight to challenge the unprecedented corruption of the White House under former President Donald Trump. To learn about our other legal actions to challenge corruption, check out the Overview of Challenging Corruption page.

 

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