• KillAllPoorPeople@lemmy.world
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    1 year ago

    If the secretary of state is acting outside of her (federal) constitutional purview, Trump can sue in federal court and challenge it. State officials aren’t necessarily considered states which bar federal jurisdiction. But if Colorado had enacted a law that prevented Trump from being on the ballot and the secretary of state was the one defending it, Trump wouldn’t be able to sue in federal court.

    • Flying Squid@lemmy.world
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      1 year ago

      The Secretary of State is the ultimate arbiter of who gets on a state ballot in most, if not all, states. I don’t know how that could be successfully challenged. It’s part of one of their primary functions.

      • KillAllPoorPeople@lemmy.world
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        1 year ago

        The “ultimate arbiter” who still needs to act within the extent that the constitution allows. If the secretary of state started banning black men from being on the ballot, that would be outside of their scope and could be challenged in federal district court.

        • Flying Squid@lemmy.world
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          1 year ago

          What section of the Constitution would require Trump to be on the ballot? Quote it please. Because the 14th Amendment suggests he doesn’t belong on it.

          • KillAllPoorPeople@lemmy.world
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            1 year ago

            The Fifth and Fourteenth Amendment (first paragraph) both deal with due process. A federal judge could say the state official is acting outside of the Constitution by not giving him due process.

            You’re also allowed to reply without downvoting. I don’t know why you think that does anything, but this isn’t Reddit.