Rep. Lauren Boebert (R-Colo.) threatened Colorado Secretary of State Jena Griswold with a recall effort on March 4, shortly after the Supreme Court ruled that states could not disqualify former President Donald Trump as a candidate under Section 3 of the 14th Amendment.
“You have no business in the Secretary of State’s office and shouldn’t oversee an election in which you have shown a clear bias,” Ms. Boebert wrote. “You’re unfit. Time for you to be RECALLED!”
The Republicans accused Ms. Griswold of trying to “disenfranchise millions of Coloradans and prevent them from exercising their right to cast a vote in support of President Donald J. Trump,” calling the effort an “embarrassment” to the state and county.
“It is now even more clear Coloradans should have zero faith in you to adequately protect their right to vote and oversee elections,” the letter states.
They wrote that instead of “encouraging Coloradans to make their voices heard” and using the secretary’s platform “to promote free and fair elections in an unbiased manner,” the secretary “made a selfish political decision to rig the primary election.”
“Our Supreme Court justices may not align on everything, but they absolutely agree that your reckless attempt to throw President Donald J. Trump off the ballot should be thoroughly rebuked,” they added.
The Republicans stated they are “actively” building a grassroots campaign to “begin the process of holding you accountable for your attack on our elections and the voting rights of millions of Coloradans.”
Recall Law
In Colorado, the secretary of state oversees recall efforts. A petition must be approved by the secretary before obtaining signatures, according to the secretary’s website, and the elected official has to have been in office for six months and not be up for reelection within six months. Ms. Griswold assumed office in 2019 and is up for reelection in 2027.Supreme Court Decision
On March 4, just ahead of the Super Tuesday primaries, the Supreme Court said that states cannot disqualify federal candidates under Section 3 of the 14th Amendment.By then, dozens of disqualification petitions had been filed in almost every state across the country, and the jurisdictions that had agreed to hear these challenges issued widely varying orders. The high court’s order effectively put an end to these challenges, ensuring that President Trump would appear on the primary ballot, barring any drastic action from Congress.
The ruling went beyond reversing the Colorado disqualification decision, opining that Congress holds sole authority over the use of Section 3, as Section 5 of the 14th Amendment expressly grants Congress the authority to enact legislation related to the amendment.
Four justices thought the court should not have discussed federal legislation and ended its opinion after addressing the question presented, which was whether the Colorado Supreme Court erred in its decision to disqualify President Trump.
All nine justices agreed that it was not the place of individual states to disqualify federal candidates.
Historically, states had used Section 3 to disqualify state candidates, but there had been no cases of states using the statute to disqualify a federal candidate or officer. The justices further noted that respondents could not suggest how states might go about removing a sitting federal officer who had engaged in “insurrection,” reinforcing the idea that states do not have this authority at all.
