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Why is Donald Trump being barred from the ballot?

This article is written by a student writer from the Her Campus at MSU chapter.

2024 has begun, which means the presidential election will be here before we know it. Donald Trump is currently the leader in the Republican polls, with nearly a 50-point lead over Nikki Haley, the candidate in second place. However, Trump has a tough year ahead of him, as he is scheduled to appear in court multiple times in 2024 on multiple charges, including fraud and election interference. 

On top of these scheduled court appearances, Trump is also starting to be barred from the presidential primary ballots due to the Jan. 6th insurrection in 2021, where thousands of armed Trump supporters raided the U.S. Capitol Building. This event is due to the conspiracy that voter fraud occurred in the 2020 election, and was an attempt to keep Joe Biden from entering the Oval Office, even though no evidence shows voter fraud occurred. 

Prosecutors are arguing that Trump is responsible for the events of Jan. 6, with video evidence of Trump encouraging the heavily armed mob to storm the Capitol, proof of conspiracy, testimonies, cell phone pings, and evidence of Trump condoning former Vice President Mike Pence for not participating in the violence. 

What happened on Jan. 6 remains a national tragedy, as hundreds were injured, and five capitol police officers were killed by rioters. Over 140 police officers were attacked during the insurrection, and government property was critically damaged, with damages equating to $2,881,360.20. More than 1,200 defendants have been charged from nearly all 50 states and D.C. for assault, damaging government property, conspiracy, and more. More perpetrators await trial to this day.

While the Constitution doesn’t ban candidates who have been indicted, impeached, or even imprisoned, Trump may not be allowed on the ballot due to the insurrection clause in the 14th Amendment. This amendment was originally created after the Civil War to prevent confederates from being president and to protect the Constitution.

Because of the insurrection clause, the Maine and Colorado Supreme Courts have already barred him from the ballot due to this clause, and many states are starting to follow suit. 

Many Republican candidates have condoned Trump for his actions on Jan. 6, but remain firm in the fact that if elected, they would use their presidential power to pardon him, including Haley. The promises made to pardon Trump have had mixed reactions from the Republican party, as many republicans are outraged with the events that happened on Jan. 6 and agree that Trump violated the Constitution. Others are pleased to hear this, as they agree that Trump was simply upholding his duties as President.

While evidence strongly suggests that Trump was the main perpetrator, whether or not Trump can be barred from the primary ballot is still up in the air. Trump’s defense team has appealed the decision made by the Colorado Supreme Court to the U.S. Supreme Court, maintaining the claims that he has no responsibility for the violence that occurred on Jan. 6, claiming he encouraged participants to be peaceful. 

The U.S. Supreme Court has agreed to hear this case, and a decision should be reached sometime between Feb. 8th and March 5th.

Despite all the negative press and unlawful actions of Trump, he is still leading in the polls. If the Supreme Court rules that barring him from the ballot is constitutional, this may reduce the chances of Trump winning the 2024 election. However, no one can say for certain what will ensue, as Trump’s team has prepared many arguments in his defense for this appellate case.

Charlotte Plotzke (She/Her/Hers) graduated from Michigan State University in April, 2024 with a B.A. in Communication with an additional major in Music. Plotzke served on the executive board as an assistant editor for MSU's Her Campus chapter during the 2023-2024 school year. Plotzke won second place in the "News" category in the 2023 Her Campus Chapter Awards for her article covering a March For Our Lives rally against gun violence in Lansing, MI, which served to honor the victims of the MSU shooting on February 13th, 2023. On top of writing, Plotzke enjoys going to concerts, cooking, singing, traveling, and watching bad reality TV.