An effort is underway to remove former President Donald Trump from the 2024 presidential ballot in Massachusetts, according to documents reviewed by the Herald.
Former candidate for attorney general and well-heeled labor lawyer Shannon Liss-Riordan is apparently seeking litigants to join her effort to bump Trump from the ballot over his involvement in the events of January 6, 2021.
“I left you a message earlier on your voicemail and wanted to follow up to see if you may be interested in joining litigation that we are preparing to file to keep Donald Trump off the presidential ballot pursuant to the Insurrectionist Clause of the Constitution. I expect you’ve seen the news about similar lawsuits that are underway in several states,” an email apparently sent and signed by Liss-Riordan reads, in part.
The group looks to recruit “prominent Republicans as well as Democrats” to join the legal fight, according to the email.
The Bay State primary is set for March 5 — “Super Tuesday” — and the general election is Nov. 5. The MassGOP says this effort does not stand a chance.
“The MassGOP believes the decision about who to nominate and elect as our next president should remain with actual voters and not be decided through legal maneuverings,” MassGOP chair Amy Carnevale told the Herald Monday night.
The move comes after similar challenges in other states made under Section Three of the 14th Amendment to the U.S. Constitution. According to some legal scholars, Trump’s involvement leading up to the sacking of the Capitol and his apparent indifference as the events unfolded amount to a violation of that clause.
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” Section Three reads, in part.
A Colorado judge recently ruled that Trump did, indeed, qualify as an insurrectionist under that law but also determined the oath sworn by a U.S. President to “preserve, protect and defend” the Constitution does not make them an officer obligated to “support” the same document as indicated by the 14th Amendment.
“Part of the Court’s decision is its reluctance to embrace an interpretation which would disqualify a presidential candidate without a clear, unmistakable indication that such is the intent of Section Three,” Judge Sarah Wallace wrote in the 102-page ruling.
The Minnesota Supreme Court ruled Trump could remain on the primary ballot, as those are products of the political parties. A Michigan court punted, saying it was up to Congress to decide if Trump met the elements of Section Three.
New Hampshire’s Secretary of State, in September, declined to accept a similar challenge filed there.
“As long as he submits his declaration of candidacy and signs it under the penalties of perjury and pays the $1,000 filing fee, his name will appear on the presidential primary ballot,” Secretary of State David Scanlan said. NH votes Jan. 23 in the nation’s first primary, at least for the GOP.
According to Liss-Riordan’s email, the hope is that Massachusetts judges will see things differently.
“We are working with the organization Free Speech for People and believe that Massachusetts may provide a good opportunity to succeed on this challenge. We are putting together a group of plaintiffs over the next two weeks,” the email reads, in part.
Liss-Riordan declined to comment on the pending litigation, only saying she would reach out at a later time.
John Bonifaz, co-founder and president of Free Speech For People, told the Herald through a spokesperson that the group has “filed 14th Amendment eligibility challenges to Trump’s candidacy in three states. We are exploring additional challenges in multiple new states.”
Secretary of State Bill Galvin’s office, which oversees elections in the Bay State, has already been the subject of one lawsuit over Trump’s eligibility, according to his spokesperson, who declined to comment on pending legal matters.
Trump’s name has been submitted for the ballot by the MassGOP, and the qualification process is still ongoing, according to Galvin’s spokesperson.
Carnevale said Galvin has “told the party that they maintain there is no legal basis for denying ballot access.”
Herald wire services contributed.
