Former President Donald Trump will stay on the primary election ballot in Massachusetts after a judge on the state’s Supreme Judicial Court denied a bid to disqualify the candidate on Monday.
Supreme Judicial Court Justice Frank Gaziano upheld the State Ballot Law Commission’s decision last week to dismiss the challenge on the grounds that it lacked jurisdiction.
Justice Gaziano, who was appointed by former Gov. Charlie Baker, wrote in the court’s decision on Monday that the challenge came “too soon” in the election cycle, as President Trump is not yet the GOP nominee.
“The petitioners’ objections have, in essence, come too soon,” he added. “If there is any question whether the commission has the authority or jurisdiction to consider the petitioners’ objections regarding Trump’s eligibility to appear on the general election ballot, that question will not become ripe until, and if, he is selected as his party’s nominee for President. That question is not currently before me.”
Last week, the State Ballot Law Commission dismissed a challenge alleging that President Trump is ineligible for office per Section 3 of the 14th Amendment, which bars anyone from holding federal office if they have taken an oath to defend the Constitution but then “engaged in insurrection or rebellion.”
After that ruling, the challengers filed an emergency petition with the state’s high court on Jan. 23, asking for a declaration that either President Trump is ineligible to run for office or that the commission has jurisdiction on the matter.
Justice Gaziano noted that the U.S. Supreme Court will soon make a ruling on whether President Trump is eligible to hold office. The nation’s highest court is set to hear oral arguments next week on a similar case out of Colorado, where state officials barred the former president from the primary ballot.
The group of voters who filed the complaint, Free Speech for People, said in a statement they plan to “immediately” appeal the ruling to the full court, noting that Justice Gaziano made his ruling “sitting as a single justice.”
The Trump campaign welcomed the ruling to “rightfully keep President Trump’s name on the ballot.”
“This latest win is another crushing defeat for the Soros-funded, left-wing activist groups and their attempts to steal the election on behalf of Crooked Joe Biden by disenfranchising millions of American voters,” Steven Cheung, Trump campaign spokesperson, said in a statement.
Mr. Cheung noted that challenges based on the 14th Amendment were failing “across the country on a near-daily basis,” and he expressed confidence that the Supreme Court will make a fair ruling to settle the matter.
“Until then, President Trump will continue to expand his growing lead over Crooked Joe Biden and the desperate Democrats, while fighting off these disgraceful attempts to interfere in the election. Make America Great Again!” he added.
The State Ballot Law Commission, comprised of three members appointed by the governor—a Republican chairman and two Democrat appointees—recently held a hearing to discuss their power to remove a candidate from the ballot.
During the hearing, an attorney representing the challengers argued that the commission does have the power to determine eligibility. However, a lawyer for the former president contended that the commission does not have the power, or at least not in the primary election, where political parties have the freedom to choose who they want to put on the primary ballot.
