Anderson et al. v. Griswold
14A3 DQ CLAUSE
The Parties
Petitioners Norma Anderson, Michelle Priola, Claudine Cmarada, Krisa Kafer, Kathi Wright, and Christopher Castilian are a group of Republican and right-leaning independent voters seeking to compel Colorado Secretary of State Jenna Griswold to disqualify Donald Trump from Colorado’s Primary Election ballot. Trump was dropped as a co-defendant before trial motions and instead participated as an intervenor, a party with an interest in the case who is adverse both the Defendant and the Petitioners. Trump was joined by the Colorado Republican State Central Committee as co-intervenor.
The Issue
Petitioners allege that the Disqualification Clause in Section 3 of the 14th Amendment to the U.S. Constitution disqualifies Donald Trump from holding public office, due to his engagement in events surrounding the January 6th, 2021, riot at the U.S. Capitol, and that Secretary of State Griswold, whose duties include election oversight, should be compelled by the court to exclude Trump from the ballot.
The Venue
The case was filed in the District Court for the City and County of Denver, State of Colorado, and was assigned to Judge Sarah B. Wallace. The District Court’s final order was appealed by Petitioners and Intervenor Trump to the Colorado Supreme Court.
Oral Arguments
Colorado
Anderson et al. v. Griswold oral arguments before the Colorado Supreme Court, Wednesday, December 6, 2023.
Michigan
Davis v. Benson, Labrant et al. v. Benson, and Trump v. Benson oral arguments before the Court of Claims held November 9, 2023.
Commentary
Timeline
Digital Memorabilia
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Anderson Final Order
The Court found that the events on and around January 6th constituted an insurrection and that Trump engaged in the insurrection. However, the Court also concluded that the Disqualification Clause does not apply to U.S. Presidents, and does not prevent insurrectionist officeholders from serving as President or Vice President. Therefore, the Court would not direct the Secretary of State to remove Trump’s name from the Colorado Republican primary election ballot.
Petitioners’ Appeal Opening Brief
On appeal to the Colorado Supreme Court, the Petitioners argue that the 14A3 Disqualification Clause should apply to insurrectionist presidents and should prevent insurrectionist officeholders from serving as president.
Trump’s Appeal Opening-Answer Brief
On appeal to the Colorado Supreme Court, Co-Intervenor Trump seeks to remove the stigma of the lower court’s factual determinations regarding his participation in an insurrection, to invalidate the admission of the January 6th Committee Report into evidence, and to establish that only Congress can determine when the Disqualification Clause applies to a candidate for office.
CRSCC Answer Brief
The Colorado Republican State Central Committee, as Co-Intervenor, provides counter-arguments to the Petitioners’ brief and introduces new arguments specific to the Secretary of State’s duties and obligations under Colorado’s election law.
Growe et al. v. Simon – Minnesota
The Minnesota Supreme Court declined to apply the 14th Amendment’s Disqualification Clause to the Primary Election by which political parties determine the apportionment of delegates to a national convention at which a nominee is chosen. Because voters are voting for delegates rather than a nominee, it is irrelevant whether the selector of those delegates is qualified to serve in the office of the presidency.
The Court left the door open to a challenge to Trump’s appearance on the General Election ballot should that become an issue in the future.
LaBrant et al. v. Benson – Michigan
In LaBrant et al. v. Benson and two companion cases (Davis v. Benson et al. and Trump v. Benson), Judge Redford held the definition of insurrection and engagement under Section 3 of the 14th Amendment to be political questions that are best determined by the U.S. Congress.
