Coloradans sue to keep former President Donald Trump off the ballot in Colorado
Six Coloradans have filed a lawsuit against Secretary of State Jena Griswold to prevent her from putting former President Donald Trump's name on Colorado's primary and general election ballots next year.
The lawsuit alleges Trump's actions during the Jan. 6 attack on the U.S. Capitol disqualify him from public office under the 14th Amendment, which says anyone who engages - or supports those who engage - in insurrection or rebellion against the Constitution - after taking an oath to defend it - is ineligible to hold office.
The lawsuit states, "Trump tried to overthrow the results of the 2020 election, leading to a violent insurrection at the United States Capitol to stop the lawful transfer of power to his successor. By instigating this unprecedented assault on the American constitutional order, Trump violated his oath."
Even if the plaintiffs prevail, the lawsuit will likely have little impact in Colorado. Trump lost the state by 13.5 points in 2020. But it could impact who the Republican nominee is.
If Trump doesn't make the primary ballot here, he doesn't get any delegates from Colorado at the national convention where the GOP picks its nominee and, if other states follow Colorado's lead, Trump may not have enough delegates to secure the nomination.
Mario Nicolais, an attorney for the plaintiffs, says the case is all but certain to be appealed all the way to the U.S. Supreme Court, "If the Supreme Court makes a ruling in our favor, you can absolutely see secretaries of state refusing to put him on the ballot with or without a case."
He insists their chances of success are good, "It's not a partisan issue. It's a rule of law issue. And for a lot conservatives protecting the Constitution is of utmost importance and I think that's what the Supreme Court will look at."
Griswold - a Democrat - could stipulate to the lawsuit rather than fighting it but she released a statement saying she "looks forward to the court's resolution of the issues".
Colorado's primary ballot must be set by the beginning of January and the election is in March so the case would have to be fast-tracked at a record pace. Because it's a civil - not criminal - case, the burden of proof is lower. Instead of having to show beyond a reasonable doubt that Trump is an insurrectionist, plaintiffs only need a preponderance of evidence.
A county commissioner in New Mexico who participated in the Jan. 6 riot, was recently barred from office using the 14th Amendment.
It's unclear who is footing the bill for the lawsuit. A liberal outfit - Citizens for Responsibility and Ethics - filed the lawsuit on behalf of two unaffiliated voters and four Republicans. The organization doesn't have to report its donors.