Mass. attorney wants quick ruling on jurisdiction in effort to remove Trump from ballot

Attorneys looking to bump former President Donald Trump from the Massachusetts ballot called on a state commission to make a speedy decision on whether it has jurisdiction over the matter, according to a Thursday afternoon legal filing.

Attorney Shannon Liss-Riordan asked the State Ballot Law Commission to decide by Monday whether it can rule on Trump’s ballot eligibility and determine if another hearing is necessary after officials took arguments at a Thursday morning meeting under advisement.

“Delaying adjudication of the jurisdictional determination any later than Monday, Jan. 22, 2024 at noon would have cascading effects on other deadlines and processes and has the potential to harm all parties as well as the public interest,” Liss-Riordan wrote in the legal filing.

Liss-Riordan and liberal advocacy group Fress Speech for People filed two objections earlier this month to Trump’s placement on the Massachusetts presidential primary and general ballot, arguing the Republican should be removed because of his role in the Jan. 6 attack on the U.S. Capitol.

North Andover-based Attorney Marc Salinas, who is representing Trump and the MassGOP, said the Massachusetts State Ballot Law Commission does not have the authority to rule Trump ineligible because the state Republican party submitted the former president’s name for ballot placement instead of holding a formal nominating process.

Nothing in case or state law, he argued, spells out that qualification to appear on a ballot “is a precondition to appear on the ballot.”

“If this was an issue where Donald John Trump was placed on the ballot through a nomination, or this was a question addressing being on the general election ballot after being duly nominated, then this commission would have jurisdiction. At this stage, it doesn’t,” he said at the hearing.

Liss-Riordan is relying on a Civil War-era clause of the Constitution that bars from office anyone who took an oath to uphold the Constitution but engaged in an “insurrection or rebellion” against it. It is an argument that has been used across the country in other states, including in Maine and Colorado.

The U.S. Supreme Court is set to weigh the case in Colorado — where the state’s highest court removed Trump from the ballot — during Feb. 8 oral arguments. A Maine judge paused the removal of Trump from the state’s ballot until the Supreme Court rules on the Colorado case.

A decision on Trump’s ballot eligibility in Massachusetts by the State Ballot Law Commission must be handed down by Jan. 29, and a full hearing can be held on or after Jan. 22.

“(Trump) is disqualified under the 14th Amendment of the U.S. Constitution from serving in office. And under Massachusetts law, he is therefore disqualified from being on the ballot. It is the duty of the state ballot commission to make that determination,” Liss-Riordan said after Thursday’s hearing.

But Salinas said Secretary of State William Galvin was required to place Trump on the ballot at the request of the Massachusetts Republican Party regardless of qualification issues.

“This notion that somehow Donald John Trump is disqualified because of events that happened on Jan. 6, or whatever else the objectors want to argue, is just plain false,” Salinas said. “He’s entitled to be on that ballot and the Massachusetts voters are entitled to vote.”

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