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Attorney General Marty Jackley

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Attorney General Jackley Requests SCOTUS To Reverse Colorado Ballot Disqualification of Trump

FOR IMMEDIATE RELEASE: Thursday, Jan. 18, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined an amicus brief requesting the U.S. Supreme Court reverse the Colorado State Supreme Court ruling that kept former President Donald Trump off the ballot for that state’s Presidential Primary election.

The originating lawsuit was filed by six Colorado voters who insisted Trump is disqualified from office under a Civil War-era insurrection clause in the 14th Amendment because of his alleged involvement in the Jan. 6 incident at the U.S. Capitol.

A state district judge ruled the insurrection clause does not apply to the presidency and allowed Trump to be on the ballot.  Then the Colorado Supreme Court issued a ruling barring Trump from the GOP primary ballot under the 14th Amendment.

“Congress, not the Colorado State Supreme Court, has the authority to decide whether to disqualify a person from running for office under Section 3 of the 14th Amendment,” said Attorney General Jackley. “This decision violates the U.S. Constitution and deprives voters of their fundamental right to decide elections.”

The 24 other Attorneys General who joined the brief are from: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The Arizona State Legislature and the legislative leadership of North Carolina also joined the brief.

The brief can be found here: