North Carolina court case becomes latest attempt to remove Trump from ballot

 December 30, 2023

This past month saw the Colorado Supreme Court rule that former President Donald Trump cannot appear on the state's ballot.

In a bombshell move, some in North Carolina are now asking a judge to disqualify Trump from running there as well. 

Retired lawyer claims Trump is guilty of insurrection

According to WRAL News, a legal filing was submitted in Wake County Superior Court on Friday by Brian Martin, a retired lawyer who served in the administrations of Presidents Reagan and George H.W. Bush.

Martin's filing challenges a decision made in December by the state election board to allow Trump's name to appear on the ballot.

The former attorney maintains that Trump's behavior following the 2020 presidential election constituted an insurrection, making him ineligible to run for office.

Lawsuit: "He is not eligible to hold the office of president"

"The voters in the Republican primary on March 5, 2024, have a right to choose from constitutionally eligible candidates," WRAL News quoted Martin's filing as saying.

"If one were to vote for Donald Trump, and he is not eligible to hold the office of president, their vote will not count," he continued.

"Their vote will be a wasted vote, will not play a part in the selection of the next president, and such a result is constitutionally unacceptable," Martin went on to insist.

In support of his contention, Martin pointed to Section 3 of the Constitution's 14th Amendment, which is commonly known as the "Insurrection Clause." It states,

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Maine secretary of state strikes Trump from ballot

However, that claim has been dismissed by George Washington University Law School professor Jonathan Turley, who told Fox News that such an interpretation is "dead wrong."

What's more, Fox News reported last week that the Michigan Supreme Court rejected an attempt to remove Trump from the GOP primary ballot in their state.

Meanwhile, Maine Secretary of State Shenna Bellows caused outcry on Thursday when she ruled that Trump cannot stand for election, a move which brought calls for her impeachment.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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