Petition Gains Traction to Disqualify Trump from Presidency Over Failure to Uphold the Constitution During Insurrection

“Free Speech for People,” a national non-profit, non-partisan organization, recently asked the Minnesota Supreme Court to bar former President Donald Trump from Minnesota’s 2024 presidential and general election ballot.

Amendment Rules

The petition asserts Trump’s role in inciting and facilitating the January 6th riot at the US Capitol disqualifies him from holding public office under a section of the Fourteenth Amendment to the US Constitution. 

Any individual who has taken an oath to uphold the US. The Constitution, but then engages in insurrection or rebellion against the United States, would be disqualified, per Amendment rules. 

Petition: Trump is Disqualified

“Donald J. Trump, through his words and actions, after swearing an oath as an officer of the United States to support the Constitution, engaged in insurrection or rebellion, or gave aid and comfort to its enemies, as defined by Section 3 of the Fourteenth Amendment,” the petition said.

“He is disqualified from holding the presidency or any other office under the United States unless and until Congress provides him relief.”

University of Minnesota law professor David Fisher, the former co-chair of the Steele County Republican Party David Thul, and former St. Paul Deputy Mayor Thomas Welna also signed on to the petition.

Not Quite Insurrection

But not everyone agrees. Some say Trump’s alleged actions don’t meet the constitutional definition of “insurrection.” 

Minnesota is not the only state where voters are trying to disqualify Trump from the state’s ballot. Another suit filed in Colorado alleges Trump shouldn’t be on the ballot because he incited the Jan. 6 insurrection, which is a violation of the 14th Amendment.

Minnesota Secretary of State Steve Simon said his office has been getting a high volume of inquiries about whether he can investigate Trump’s eligibility. Still, Simon said that’s an issue for the courts.

Four Felony Counts

Trump has been charged in four criminal cases over four and a half months. He is facing charges related to his attempts to interfere with election results, falsifying business documents, and illegally withholding classified documents.

Trump faces four felony counts for his efforts to overturn the 2020 election in Washington, DC.

Disrupting Peaceful Transfer of Power

Trump’s effort to subvert Joe Biden’s victory culminated in the Jan. 6 riot when a mob of Trump supporters stormed the Capitol and disrupted the peaceful transfer of power.

Federal prosecutors have charged Trump with four federal crimes stemming from his attempts to derail the transfer of power to Joe Biden.

Trump is currently trying to delay the four criminal trials that he is facing.

Stalling the Trial

Trump’s criminal cases are set to go on trial next year, which will be in the middle of his presidential campaign if he becomes the Republican Party’s nominee.

Jan. 2 is the deadline for candidate submissions to be on the presidential primary ballot in Minnesota. Absentee voting begins on Jan. 19.