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Congressional ______
R' fesearch Service
Disqualification of a Candidate for the
Presidency, Part I: Section 3 of the Fourteenth
Amendment as It Applies to the Presidency
Updated January 9, 2024
On January 5, 2024, the Supreme Court agreed to hear former President Donald Trump's challenge to the
Colorado Supreme Court's decision in Anderson v. Griswold that he is disqualified from future office
under Section 3 of the Fourteenth Amendment (Section 3). The Court stated that the question presented is:
Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024
presidential primary ballot?
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. The state court initially directed the former President to
be excluded from the state's 2024 presidential primary ballot. After the Supreme Court agreed to review
the case, the Colorado secretary of state announced that Mr. Trump would be listed on the primary ballot
but said the Supreme Court's decision may determine whether votes cast for him are ultimately counted.
In a similar case, the secretary of state of Maine determined on December 28, 2023, that Trump is
ineligible to appear on that state's ballot pursuant to Section 3 based on much of the same evidence
reviewed in the Colorado case.
Numerous other lawsuits and administrative actions across the country have also sought or are seeking to
prevent former President Donald Trump from appearing on state ballots for the upcoming presidential
elections. In particular, lawsuits 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. Other challengers are asking state secretaries of states to take action under
state law to refuse to place Trump on the ballot. Challengers 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
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