The Battle for Trump’s Appearance on Oregon’s Presidential Primary Ballot

Introduction

Former President Donald Trump is facing challenges to his inclusion on Oregon’s presidential primary ballot. Advocates argue that his role in the Capitol attack disqualifies him from running, while Trump and his legal team assert that he should be allowed to participate alongside other GOP candidates.

The Insurrection Question

At the heart of the issue lies the debate over whether Trump should be barred from seeking office due to his involvement in the January 6, 2021, attack on the U.S. Capitol. This event aimed to disrupt the certification of the 2020 presidential election by the U.S. House. Different states have already weighed in on this matter, resulting in varying outcomes.

Legal Action in Oregon

A group called Free Speech For People, representing five Oregon voters, filed a lawsuit last month urging the Oregon Supreme Court to disqualify Trump based on the insurrection clause outlined in Section 3 of the 14th Amendment. This section prohibits individuals who have engaged in insurrection from holding office.

Trump’s Defense

Trump and his attorneys have successfully defended against similar attempts in Michigan and Minnesota. However, they were unsuccessful in Colorado and Maine, where courts ruled that his actions disqualified him from participating in their presidential primaries.

In response, Trump has brought his arguments to Oregon, offering seven reasons why his name should appear on the state’s ballot. He contends that the plaintiffs lack standing, that the insurrection clause doesn’t apply to the presidency, and that only Congress can enforce the clause. Additionally, he argues that the events of January 6th did not constitute an insurrection.

The Speech vs. Violence Argument

Before the attack, Trump repeatedly claimed that the 2020 election was being stolen from him and worked to challenge the results. He encouraged his supporters to come to Washington, D.C., and “fight like hell” on the day of the certification. Trump asserts that his words were protected under free speech and that he did not actively participate in any violent acts.

The Secretary of State’s Decision

Oregon’s Democratic secretary of state, LaVonne Griffin-Valade, announced that she did not have the authority to prevent Trump’s inclusion on the primary ballot. Her decision was based on state statute rather than the substance of the 14th Amendment or Trump’s actions. Griffin-Valade explained that, unlike other races, presidential primaries have different rules, and candidates must be placed on the ballot if they file a valid petition or are recognized in national news media, which Trump meets.

Disagreements and Future Scrutiny

Free Speech For People disagrees with Griffin-Valade’s interpretation, arguing that she has the power to disqualify Trump based on the qualification form presidential candidates in Oregon must file. The Oregon Supreme Court has yet to schedule oral arguments for the case.

Regardless of the court’s ruling, if Trump secures the Republican nomination, Griffin-Valade’s assessment of his candidacy could change. At that point, a new round of scrutiny would be applied to his eligibility for the November general election.

Read More of this Story at www.opb.org – 2024-01-02 23:58:16

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