New Hampshire’s top election official, Secretary of State Dave Scanlan, has made it clear that he won’t invoke the 14th Amendment of the U.S. Constitution to block former President Donald Trump from running in the state’s 2024 Republican primary. In an announcement that sheds light on the impending primary date collision with the Democratic National Committee (DNC), Scanlan stated that as long as Trump adheres to the necessary requirements, his name will appear on the ballot.
Scanlan emphasized that this decision is non-negotiable, stating that “that language is not discretionary.” This follows legal efforts by some New Hampshire Republicans to keep Trump off the primary ballot.
The controversy centers around the 14th Amendment, Section 3, which disqualifies individuals who have engaged in insurrection or rebellion against the U.S. or have provided aid or comfort to its enemies from holding office again. Some have argued that this clause should apply to Trump, especially in light of his recent indictments related to efforts to overturn the 2020 election results.
However, Scanlan, along with legal input from the New Hampshire Attorney General’s Office, has determined that New Hampshire state law doesn’t grant the Secretary of State the discretion to disqualify a candidate under the 14th Amendment. This announcement is consistent with the stance of most secretaries of state, who maintain that they cannot take such action independently and would require court orders to do so.
The ultimate resolution of this issue is likely to come from the U.S. Supreme Court, which has yet to rule on the application of Section 3 of the 14th Amendment in this context. While this debate continues, it remains to be seen how it will impact the 2024 presidential primary season.
The decision also coincides with ongoing tension between New Hampshire and the DNC over the primary schedule. The DNC has proposed a new calendar that would move South Carolina to the lead position in an effort to better represent minority voters. However, New Hampshire has a longstanding law mandating its first-in-the-nation primary status, setting the stage for a possible showdown.
In summary, as the 2024 election cycle approaches, the battle over primary dates and candidate eligibility continues to evolve, with New Hampshire’s primary status hanging in the balance.