Trump and the 14th - hypothetically

Not that I expect this to happen, BUT - should a court decide that Trump cannot hold office under the 14th amendment, does that mean he can't be on a ballot? Should such a ruling happen before the next election, what does the GOP do? Do they keep Trump off primary ballots? If not, there is a strong chance GOP voters nominate him anyway, then what? Does the RNC then pick someone else for the general election? If Trump is still legally allowed to be on the general election ballot and win, yet is not legally allowed to hold office under the 14th, does the VP then become president? Were confederated barred from actually running for office, or were they just not allowed to hold office?

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Ynotisay · M

There's not anywhere close to enough voters who would nominate him anyway that would make a difference. If it ends up being Biden vs. Trump more than a year from now, which is NO guarantee, Biden will destroy him. Again. But to your question, my understanding is that if he's disqualified under the 14th then any votes will also be disqualified.

SomeMichGuy · M

If they can't take the office, running for it is futile.

That would likely suppress the vote in any jurisdictions where the 14th Amendment were to be applied.

I think it would split the vote for Republicans, in this case.

If someone were to win the Presidency, but be unable to assume it, the succession would make the VP the President and *that* person could appoint a new VP (appointment is how Ford became VP, and so went on to hold both top executive spots, without ever having been elected to either). So if Trump keeps running, look to his VP...

But we should try to get lawsuits in as many states as possible to invoke the 14th Amendment, so that he could never get enough electoral votes...

trollslayer · 46-50, M

@SomeMichGuy I just wonder at what point does the GOP (if they are smart) see the writing on the wall and change their primary rules and nominate someone else. It's a damned if they do damned if they don't, because it is either lose with Trump or lose with someone else (because GOP voters would still write in Trump). At least if they nominate someone else they can claim a moral victory for standing up to criminal behavior.

JPWhoo · 36-40, MVIP

As I understand it each state has to individually decide whether or not the 14th Amendment bars Trump from running. I imagine one or more solidly blue states might decide it does, so Trump will not appear on the ballot in those states, which will have a potentially devastating effect on Trump’s popular vote total, which doesn’t mean diddly shit anyway, but will unfortunately have no impact on the electoral college vote.

smiler2012 · 56-60

@trollslayer well if you think this out logical whether this is trump or any other presidential candidate. if the forteenth amendment says it is illegal to hold office why any earth would any party put this candidate on the ballot paper even as a vote for them is as good as a soilt ballot paper

BackyardShaman · 61-69, M

I don’t see the current SCOTUS agreeing to ban him, but if he is somehow banned by court rulings it will take a phycally forced attempt for some states ( Alabama comes to mind) to keep him off the ballots. Even so, MAGAs will write his name in.

BohemianBoo · M

The GOP would probably nominate whoever got the second most votes. It wouldn't really make sense to ban him from the ballots, since people could just write him in. But they would have to treat him like they would a fictional character that people write in.

Bumbles · 51-55, M

Each state should. It's a Constitutional requirement. There is no requirement that it go to court.

Slade · 56-60, M

Keep dreaming

SamInAZ · 41-45, M

Not like the government plays by the rules anymore anyway.

Ynotisay · M

@SamInAZ A whole lot of people in government do. The government isn't just Trump, his sycophants and extremists in Congress. Doesn't mean there's some rules that don't need to be changed. As long as the rules favor the small number of those who are obscenely rich, in lieu of most every other American, nothing will change. But who knows. Maybe some of the "real 'muricans' will wake up and get tired of kissing the hands that beats them. Doubt it though. They haven't so far.

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