Mass. Secretary of State: voting is the tool for keeping Trump from ballot

The state’s chief elections officer seems less than enthusiastic about attempts to remove former President Donald Trump’s name from statewide ballots via a Civil War-era clause in the U.S. Constitution.

Efforts elsewhere to see the 45th President removed under Section Three of the Fourteenth Amendment, and some lawsuits in the Bay State aimed at forcing Secretary of State Bill Galvin to strike Trump’s name from consideration, are not how Galvin would prefer to do business, he said.

“Four states, so far, have already ruled against those efforts,” he said during an interview with WCVB. “We’ve had one suit filed against us, which has now been dismissed, but there may well be others. The problem with all of this litigation is that it doesn’t attack the real issue with regard to what President — former president — Trump, and that’s the issue of eligibility.”

Trump is ineligible to seek the presidency and should be removed from the ballot, according to some legal scholars who say his involvement in the events of January 6, 2021 — or if not his involvement, his lack of action — amount to support for the insurrectionist attack on the U.S. Capitol.

If Trump’s actions or lack thereof meet the bar for insurrection, then an amendment passed following the U.S. Civil War could theoretically bar him from returning to the White House.

“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.

According to Galvin, even if Trump does qualify to have his name removed under the Constitution, there is a better, more direct way to keep him from office for those concerned about his alleged support of an insurrection.

“The best way to defend democracy is to participate in democracy,” Galvin said. “If you really want to deal with that issue the best way is to vote.”

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