Voters take Donald Trump ballot challenge to Massachusetts Supreme Judicial Court

A bipartisan group of voters challenging Donald Trump’s ballot eligibility put the question before the Supreme Judicial Court Tuesday in a last ditch effort to keep the former president’s name from appearing before Massachusetts voters in March.

After losing out before a state panel last week, Boston Attorney Shannon Liss-Riordan asked Massachusetts’ highest court to declare Trump ineligible to appear on the presidential primary ballot and order Secretary of State William Galvin “to take all actions necessary to effectuate Trump’s removal.”

Liss-Riordan said Trump violated his oath to uphold the Constitution when he “engaged in a systematic effort to deny the results” of the 2020 presidential election, which culminated with “his fomenting of a violent assault” on the U.S. Capitol.

Obtaining a “timely, conclusive” answer from the court to Trump’s ballot eligibility is of “paramount importance,” Liss-Riordan argued in court documents.

“Trump’s appearance on the primary ballot for an office for which he is constitutionally ineligible will violate Massachusetts law, undermine the integrity of the electoral process and the U.S. Constitution, and potentially engender political chaos,” she wrote.

A lawyer who represented Trump and the Massachusetts Republican Party during a hearing last week did not immediately respond to a request for comment.

The effort to remove Trump from the ballot hit a stone wall Monday when the State Ballot Law Commission dismissed two challenges from a group of Republican, Independent, and Democratic voters.

The voters, represented by Liss-Riordan and liberal advocacy group Free Speech for People, pinned their challenge on a Civil War-era clause that bars from office anyone who took an oath to uphold the Constitution but engaged in an “insurrection or rebellion” against it.

But the commission ruled Monday it did not have the jurisdiction to move the challenge forward because Trump was not a nominee seeking election, only a candidate seeking a party’s nomination. That drew praise from Trump’s camp.

“In discarding this latest hoax, the commission sided with the Constitution, ensuring that the people of Massachusetts will have the right to vote for the candidate of their choice in 2024,” Trump spokesperson Steven Cheung said Tuesday.

The push to bump Trump from the ballot is happening under the shadow of movements at the federal level. The United States Supreme Court plans to hear oral arguments Feb. 8 on Trump’s ballot eligibility that stem from a decision made by Colorado’s highest court.

Liss-Riordan said the impending primary election in March and the “profoundly important constitutional issues at the heart of this case” merits immediate consideration by the Massachusetts Supreme Judicial Court.

“The fact that an appeal raising similar issues in the challenge to Trump’s candidacy brought in Colorado is currently pending before the U.S. Supreme Court only heightens the need for urgent action to resolve petitioners’ objections here under Massachusetts state law,” she wrote in court documents.

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