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Con gressionaI
a Research Servi e
Disqualification of a Candidate for the
Presidency, Part I: Section 3 of the Fourteenth
Amendment as It Applies to the Presidency
December 28, 2023
Numerous lawsuits across the country have sought or are seeking to prevent former President Donald
Trump from appearing on state ballots for the upcoming presidential elections. In particular, these suits,
filed in both state and federal courts, are requesting that various secretaries of state exclude the former
President from the states' ballots for the upcoming presidential primary and general elections. Plaintiffs
allege that Trump sought to impede the congressional certification of the 2020 electoral college vote on
January 6, 2021, by, among other things, urging his supporters to travel to Washington, D.C., to protest
the count at the U.S. Capitol in furtherance of his alleged effort to persuade then-Vice President Mike
Pence to reject electoral votes from swing states where Joe Biden had prevailed. These proponents argue
that these efforts amount to engag[ing] in insurrection within the meaning of Section 3 of the
Fourteenth Amendment (Section 3). Plaintiffs contend that the former President is therefore disqualified
as a candidate for the presidency.
On December 19, 2023, the Colorado Supreme Court became the first court to hold that Trump is
ineligible to appear on the ballot because he is constitutionally disqualified from holding the office of the
President, and the court directed the Colorado secretary of state to exclude the former President's name
from the state's 2024 presidential primary ballot. That decision has been stayed until January 4,
potentially enabling Trump the opportunity to appeal the decision to the U.S. Supreme Court before it
goes into effect. (As of the date of this Sidebar, the Colorado State Republican Party has reportedly filed a
petition of certiorari with the U.S. Supreme Court challenging the state court ruling.)
This Sidebar also discusses the recent case disqualifying Trump from the ballot in Colorado, Anderson v.
Griswold. For further background on Section 3, see this Legal Sidebar and this Legal Sidebar. Part 2
discusses eligibility requirements for a candidate to be placed on the ballot for the presidency and
procedures for challenges based on the application of Section 3 to the 2024 presidential elections,
including select judicial decisions on the matter.
Congressional Research Service
https://crsreports.congress.gov
LSB11094
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govenvl0001&div=1&collection=&method=preview&ext=.png&size=3)
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