The challenge to former president Donald Trump’s inclusion on the 2024 ballot is being pursued in a number of states, including Oregon, where the opposing parties have submitted court documents outlining their arguments regarding the validity of the challenge.
The obstacles for President Trump’s inclusion on the ballot stem from a Civil War-era provision of the 14th Amendment that forbids the holding of federal office by anyone who has “engaged in insurrection or rebellion.” Whether this provision applies to the presidency is as yet undecided in the state.
However, organizations in Colorado and Maine have successfully argued that President Trump’s actions following the 2020 election disqualify him from running for office.
According to their argument, Trump is unable to appear on the ballot under Section 3 of the 14th Amendment because of his actions on Jan. 6, 2021. Anyone convicted of “insurrection or rebellion” is disqualified from holding public office, according to that provision. After Oregon Secretary of State LaVonne Griffin-Valade stated that she lacked the power to remove Trump from the primary ballot, the lawsuit was filed in retaliation.
In their Jan. 8 brief filed with the Oregon Supreme Court, plaintiffs outlined their case to prevent President Trump from appearing on the Oregon ballot by arguing that the court should reject the secretary’s request to limit the review to state law questions.
The document challenged President Trump’s reliance on what they deemed unpersuasive and discredited decisions, asserting that the issues in question were not conclusively resolved during the Senate impeachment trial, highlighting potential conflicts in decisions.
Additionally, the brief interpreted Section 3 of the 14th Amendment as not requiring federal legislation and addressed President Trump’s specific claims about its implications for insurrectionists.
The document concluded by countering President Trump’s First Amendment arguments, saying, “The First Amendment provides no escape hatch from his disqualification under Section 3 [of the 14th Amendment] ... Section 3 is a qualification for office, not a penalty.”
Throughout the filing, the plaintiffs maintained the position that President Trump should be disqualified from both the primary and general ballot in Oregon based on legal interpretations and precedents.
Among these positions are the assertions that the five plaintiffs do not have the legal right to file a lawsuit, that the insurrection clause of the Constitution does not apply to the Executive Office of the President, and that the clause may only be enforced by Congress. President Trump also contends that the protest and riot that occurred on Jan. 6, 2021, did not constitute a “insurrection.”
“There is a crucial difference between insurrections and political riots—even riots that disrupt government processes,” the filing reads.
In the days leading up to the events of Jan. 6, 2021, President Trump made several assertions that the presidential election of 2020 was stolen and that he was the rightful winner. He also sought to find a way to reverse the decision of several states to put their electors behind his opponent at the time, Democratic candidate Joe Biden.
Additionally, he urged his followers to travel to Washington for a preapproved protest and to “fight like hell” to make their voices heard on the day that the certification was to be issued. His argument is that his statements were an expression of his right to free speech, and that he did not take part in any acts of violence.
“On January 6, President Trump gave an impassioned speech to a large crowd gathered in Washington in support of his arguments that he should be certified the election winner,” President Trump’s filing says. “Relators apparently contend that this speech amounted to some sort of instruction to engage in violence or crimes.”
