Former President Donald Trump. Official White House Photo by Joyce N. Boghosian

GOP Lawmakers Seek To Punish States That Weaponize The 14th Amendment

Former President Donald Trump. Official White House Photo by Joyce N. Boghosian
Former President Donald Trump. Official White House Photo by Joyce N. Boghosian

Republican lawmakers are fighting back against efforts by Democrats to remove former President Donald Trump from the ballot in 2024.

Their proposals include simply not counting or recognizing votes from states that do so, or withdrawing federal funding from them.

The moves initially came in response to the four-Democrat majority on Colorado’s Supreme Court that removed Trump for allegedly participating in an “insurrection” during the Jan. 6, 2021, riot at the U.S. Capitol. They claimed that violated the 14th Amendment, which was intended to block former Confederates from serving in federal office.

Read: Florida Rep. Byron Donalds Calls On Dem Voters To Stop Supporting “Radicals” In Their Party

But the push has new urgency after the more recent unilateral decision by Maine’s top elections official to boot Trump.

GOP Rep. Clay Higgins of Louisiana, for instance, recently filed a bill that says under the 1887 Electoral Count Act the votes of Electoral College electors from states that did not include a major political party’s presidential nominee on the ballot won’t be counted.

“New law… If any state in our Union blocks the official nominee of a major political party from the Presidential ballot, their electoral slate will not be counted by Congress on the following January 6th,” Higgins wrote on X. “Play stupid games, win stupid prizes.” 

While not specifically addressing Higgin’s bill, Kentucky GOP Rep. Thomas Massie on Friday noted on X, “Maine, Colorado, and other states that might try to bureaucratically deny ballot access to any Republican nominee should remember the U.S. House of Representatives is the ultimate arbiter of whether to certify electors from those states.”

North Carolina GOP Sen. Thom Tillis said after the Maine decision, he would file his Constitutional Election Integrity Act, which would declare the U.S. Supreme Court has sole jurisdiction to decide claims based on the insurrection clause of the 14th Amendment. And any state that misuses the 14th Amendment for “political purposes” would lose federal funding for elections.

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“Regardless of whether you support or oppose former President Donald Trump, it is outrageous to see left-wing activists make a mockery of our political system by scheming with partisan state officials and pressuring judges to remove him from the ballot,” Tillis said in a statement.

“American voters, not partisan activists, should decide who we elect as our President. The Constitutional Election Integrity Act would put any constitutional challenges in the sole place they belong: the U.S. Supreme Court.”

As the Tampa Free Press has reported, Trump has never been charged nor convicted with the federal crime of participating in an insurrection because of his actions before or during the J6 riot.  

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