(Cupventi.com) – New Hampshire’s top election official, Secretary of State Dave Scanlan, has made it clear that he will not use the 14th Amendment of the U.S. Constitution to prevent former President Donald Trump from appearing on the state’s Republican primary ballot. New Hampshire is known for hosting the first primary in the Republican nominating process.
Scanlan held a press conference in Concord at the state house to address various legal challenges by some New Hampshire Republicans attempting to block Trump from running in the 2024 presidential primary. He emphasized that as long as Trump fulfills the necessary requirements, such as submitting a declaration of candidacy, paying the $1,000 filing fee, and signing it under the penalties of perjury, his name will be included on the ballot. Scanlan stressed that this procedure is not discretionary but mandated by state law.
One prominent Republican figure, Bryant “Corky” Messner, had considered pursuing a lawsuit if Trump entered the race, questioning Trump’s eligibility based on Section 3 of the 14th Amendment, which disqualifies individuals who have engaged in insurrection or rebellion against the United States. Additionally, another Republican candidate, John Anthony Castro, filed a lawsuit in a New Hampshire court seeking to keep Trump off the primary ballot.
Efforts to invoke the 14th Amendment to prevent Trump from running gained momentum due to his recent indictments in federal and Georgia courts related to allegations of attempting to overturn the 2020 election results.
Scanlan clarified that New Hampshire state law does not mention disqualifying a presidential candidate using the 14th Amendment’s insurrection clause. He also consulted with the New Hampshire Attorney General’s Office, which supported his decision by highlighting that state law does not give the Secretary of State the authority to withhold a candidate’s name from the ballot based on Section 3 of the 14th Amendment unless the candidate has been convicted.
Many other state secretaries of state have similarly declined to take unilateral action to remove a presidential candidate from the ballot, stating that such decisions should come from the courts. Scanlan reiterated that the ultimate resolution of this issue may require a ruling from the U.S. Supreme Court since it has never ruled on the application of Section 3 of the 14th Amendment in this context.
The decision by Scanlan was welcomed by the New Hampshire GOP, and it brings clarity to the situation in the state. Additionally, Scanlan announced an extension of the filing period for presidential candidates to sign up for the New Hampshire ballot, moving it from October 11 to October 27. This change makes the filing period approximately three weeks earlier than during the 2020 election cycle when the New Hampshire primary took place on February 11.
New Hampshire has a long-standing tradition of holding the first presidential primary, but the Democratic National Committee (DNC) has attempted to alter its primary calendar to better reflect the diversity of its voters. However, New Hampshire has resisted these changes, and the DNC extended a deadline for compliance until September 1. If the state remains non-compliant, it could face penalties, including a reduction in its delegate count for the 2024 Democratic National Convention.
The situation remains unresolved, with the matter potentially heading to the DNC Rules and Bylaws Committee. The date of the New Hampshire primary has not been set, but the filing period aligns with a potential primary date of January 23, following Iowa’s GOP presidential caucus by eight days.