(CN) — New York is the latest state challenging Donald Trump’s primary ballot eligibility under the so-called “insurrection clause” of the U.S. Constitution, according to a complaint filed late Tuesday night in New York Supreme Court.
The objection comes from New York State Senator Brad Hoylman-Sigal, who filed the claim alongside New York City Council members Shekar Krishnan and Gertrude Fitelson. The three lawmakers assert that Trump’s role in the 2021 riot at the U.S. Capitol bars him from appearing on the upcoming 2024 primary ballot.
“Donald J. Trump engaged in that insurrection through his personal actions before and on Jan. 6, 2021,” the lawmakers wrote, “including without limitation summoning a crowd to come to Washington, D.C., on January 6th and telling the crowd, which he knew was armed, to march to the Capitol and ‘fight like hell’ under ‘very different rules.’”
It’s a strikingly similar complaint to those seen in Colorado, Michigan and other states over the past several months, and one that comes just hours after the New York Board of Elections said that Trump would appear on April’s Republican primary ballot.
Prior to the board of election’s decision to put Trump on the ballot, Hoylman-Sigal had already warned the board of elections of potential legal action.
“The board of elections can still uphold the United States Constitution by sustaining our objection and disqualifying Donald Trump from the presidential ballot,” Hoylman-Sigal said in a statement. “Should the board of elections fail to do their duty and rule Trump ineligible, I will see them in court.”
Krishnan called the board’s decision a “misreading of the U.S. Constitution."
“The Fourteenth Amendment to the Constitution plainly disqualifies anyone who has ‘engaged in insurrection’ from holding office, including former President Trump," Krishnan said. “Donald Trump incited, engaged in, and aided the violent, deadly insurrection of Jan. 6, 2021. The Constitution he swore to uphold renders him ineligible for public office.”
Colorado was the first state to boot Trump off the ballot for his role in the Capitol insurrection after a December ruling from the Colorado Supreme Court.
That decision is now headed to the U.S. Supreme Court, which will likely issue a ruling with precedent to trickle down into other states’ challenges on the matter. Oral arguments before the U.S. Supreme Court are scheduled to run for approximately 80 minutes on Thursday.
The New York lawmakers credited the Colorado case in their own Tuesday complaint.
“Pursuant to Article IV of the U.S. Constitution, the courts of the state of New York must give full faith and credit to the judicial proceedings of the state of Colorado,” they wrote. “Therefore, this board is required to adopt the judgment of the Colorado Supreme Court that Donald J. Trump is ineligible to serve as president of the United States.”
Trump’s ballot eligibility saga is just one of several legal battles he faces ahead of the upcoming primary election. The Republican front-runner has already had a packed calendar so far this year — last month, a Manhattan jury ordered him to pay $83.3 million for defaming writer E. Jean Carroll, who accused Trump of sexual assault.
He could be on the hook for even more cash as he awaits a ruling from New York Judge Arthur Engoron, who is expected to issue a ruling on Trump’s civil fraud case as early as this week. Trump also faces criminal trials in Georgia and New York City.
Still, Trump is leading the Republican primary over challenger Nikki Haley. The other Republican hopefuls, including Ron DeSantis, Chris Christie and Vivek Ramaswamy, have since dropped out of the race.
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