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The Guardian - US
The Guardian - US
World
Sam Levine in New York

‘Uncharted territory’: elections officials weigh Trump’s presidency eligibility

Jocelyn Benson, Michigan's Secretary of State, right, attends a panel about elections during the summer meeting of the National Association of Secretaries of State, Tuesday, July 11, 2023, in Washington. Efforts to deceive the public about voting and elections remain a top concern for state election officials as they dig into preparations for the 2024 election. (AP Photo/Jacquelyn Martin)
Jocelyn Benson, Michigan’s secretary of state, says she has spoken with another secretary of state about the 14th amendment issue ‘nearly every day’. Photograph: Jacquelyn Martin/AP

After defending the integrity of US elections from an onslaught of threats over the last several years, secretaries of state across the US are now turning to a new high-stakes question: is Donald Trump eligible to run for president?

Several secretaries are already working with attorneys general in their states and studying whether Trump is disqualified under a provision of the 14th amendment that bars anyone from holding public office if they have previously taken an oath to the United States and then “engaged in insurrection or rebellion against the same”. That language clearly disqualifies Trump from running in 2024, William Baude and Michael Stokes Paulsen, two prominent conservative scholars, concluded in a lengthy forthcoming law review article. “If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution. All who are committed to the Constitution should take note and say so,” they write in the article.

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