Colorado Secretary of State Jena Griswold Issues Statement on Lawsuit Pertaining to 14th Amendment and Access to Colorado’s Ballot

Denver, September 6, 2023 - Today Colorado Secretary of State Jena Griswold, in her role as chief elections official in the State of Colorado, was sued by six Republican and unaffiliated Colorado voters. The lawsuit claims that the Secretary must immediately disqualify former president Donald J. Trump from the Colorado ballot based on the language of Section 3 of the 14^th Amendment to the U.S. Constitution.

Secretary Griswold has issued the following statement regarding the lawsuit:

“Today a lawsuit was filed to determine whether former President Donald J. Trump is disqualified from the Colorado ballot for inciting the January 6th insurrection and attempting to overturn the 2020 Presidential Election. The United States Constitution bars anyone who has taken an oath to protect the Constitution from holding office if they have ‘engaged in insurrection or rebellion’ or ‘given aid or comfort to the enemies’ of the Constitution. I look forward to the Colorado Court’s substantive resolution of the issues, and am hopeful that this case will provide guidance to election officials on Trump’s eligibility as a candidate for office.”

Colorado Law Pertaining to Eligibility for Office

Colorado law is unclear on how to consider the requirements of the United States Constitution in determining whether a candidate is eligible for office, including the language of Section 3 of the 14th Amendment. Colorado Revised Statutes 1-4-501(1), “Only eligible electors eligible for office,” reads:

(1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person’s voter registration record is admissible as prima facie evidence of compliance with this section.

The full statute citation can be found at C.R.S. 1-4-501.

Presidential Primary Ballot Certification Requirements in Colorado

For declared candidates from a major party to qualify for and be placed on the presidential primary ballot in Colorado, they must be eligible for nomination and complete additional steps.

More information about the path to Presidential Primary Certification can be found at https://www.coloradosos.gov/pubs/elections/Candidates/PrimaryPresidentPetition.html. The Federal Election Commission may have additional requirements that are not addressed at the state level.

At the time of this publication, no candidates have qualified for the presidential primary ballot in Colorado. Information about candidates’ statuses for the Colorado ballot will be available at GoVoteColorado.gov after candidates begin filing presidential primary paperwork with the Colorado Department of State.

Section 3 of the 14^th Amendment to the United States Constitution

Section 3 of the 14^th Amendment of the U.S. Constitution reads:

“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 a disability.”

The full text of the 14^th amendment can be found at archives.gov.