California to examine dumping Trump from primary ballot

SACRAMENTO, Calif. (CN) — California Lieutenant Governor Eleni Kounalakis has formally asked the secretary of state to look into options for removing former President Donald Trump from the state’s presidential primary ballot.

The Wednesday letter from Kounalakis pointed to the decision by the Colorado Supreme Court this week that disqualified Trump from being on that state’s primary ballot. The majority cited Trump’s role in the Jan. 6, 2021, riot at the U.S. Capitol as the reason he should be blocked from holding public office under the 14th Amendment.

The Colorado high court's 4-3 decision is likely headed to the U.S. Supreme Court, and it stayed its ruling until Jan. 4 accordingly.

In her letter, Kounalakis noted the Colorado Supreme Court found that “Trump’s insurrection” disqualifies him under Section 3 of the 14th Amendment. That section states that previous office holders cannot serve in certain offices if they have participated in insurrection or rebellion. It was passed in the wake of the Civil War.

“California must stand on the right side of history,” Kounalakis wrote. She added later: “The Colorado decision can be the basis for a similar decision here in our state. The Constitution is clear: you must be 35 years old and not be an insurrectionist.”

California Republican Party chair Jessica Millan Patterson called the lieutenant governor’s letter the same play Democrats tried in 2020, when they failed to remove Trump’s name from the ballot.

“Once again, Democrats are salivating at any opportunity to deprive Republican voters of a full slate of candidates for our nation’s highest office,” Patterson said in a statement. “California Democrats need to quit meddling in Republicans’ primary and leave this decision to California voters.”

The Trump campaign and California Secretary of State Shirley Weber couldn’t immediately be reached for comment.

Governor Gavin Newsom opposed the move in a Friday statement.

“There is no doubt that Donald Trump is a threat to our liberties and even to our democracy, but in California we defeat candidates we don’t like at the polls," Newsom said. "Everything else is a political distraction.”

Kounalakis asked for a quick decision, as Weber will announce the certified list of candidates for the March 5 primary election on Dec. 28.

According to Kounalakis, the Colorado high court ruled that it would be a “wrongful act” for Trump to be listed as a candidate on that state’s primary ballot.

“Specifically, the Colorado Supreme Court held in Anderson v. Griswold … that Trump’s insurrection disqualifies him under section three of the 14th Amendment to stand for presidential reelection,” she wrote.

Additionally, the Colorado Supreme Court cited U.S. Supreme Court Justice Neil Gorsuch — who was born in Colorado and appointed by Trump — in its decision.

“As then-Judge Gorsuch recognized in Hassan, it is ‘a state's legitimate interest in protecting the integrity and practical functioning of the political process' that 'permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office,’” Kounalakis wrote, citing the Colorado ruling.

The lieutenant governor said she anticipates “the inevitable political punditry” that will stem from a decision to remove Trump’s name from the ballot. However, she said the move isn’t a political game.

“This is a dire matter that puts at stake the sanctity of our Constitution and our democracy,” Kounalakis wrote.

The Colorado decision stemmed from a lawsuit filed by four Colorado Republicans in state court. The plaintiffs claim Trump’s attempts to overturn the 2020 election make him ineligible to hold office.

The lower court found that Trump, in fact, incited an insurrection, but did not agree the 14th Amendment extended to the presidency. On appeal, the Colorado high court upheld the first finding and reversed the decision regarding the 14th Amendment — ordering Trump's name off the ballot.

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