California’s Ongoing Fight to Keep Trump off the Ballot

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The race against time to remove former President Donald Trump from California’s March 5 primary ballot is intensifying. 

Democrats nationwide are mobilizing efforts to challenge Trump’s eligibility, primarily citing his alleged role in the Capitol attack on January 6, 2021. 

Nevertheless, time is swiftly diminishing, as the deadline approaches for California Secretary of State Shirley Weber to officially approve presidential candidates, which stands merely a month ahead.

The looming question is whether Weber or the courts will intervene before the critical December 28 deadline. Failure to act within this timeframe could trigger substantial logistical issues in preparing voter guides and related materials. The situation raises two plausible scenarios that political observers and voters should closely monitor.

A pivotal inquiry revolves around the authority to remove Trump. Can state election officials unilaterally disqualify a candidate? While some Democratic secretaries of state in swing states have expressed skepticism about wielding such authority, counterparts in other states argue they can disqualify Trump on constitutional grounds.

California AG Urges Swift Decision on Trump’s Candidacy

california's-ongoing-fight-to-keep-trump-off-the-ballot
The race against time to remove former President Donald Trump from California’s March 5 primary ballot is intensifying.

Shirley Weber’s stance remains uncertain. Her office has emphasized a review of legal cases both in California and elsewhere, signaling a cautious approach to the issue. If Trump remains on the ballot and secures the Republican nomination, Democrats could renew efforts for the November ballot.

Trump’s camp views an attempt to oust him from the ballot as a “political attack” stretching legal boundaries, promising legal challenges against any removal efforts.

Despite lawsuits in multiple states, the conservative tilt of the U.S. Supreme Court poses a significant hurdle. 

However, alternative approaches are being explored. Assemblymember Evan Low and ten other Democrats have urged California Attorney General Rob Bonta to seek an expedited state court ruling, citing Trump’s perceived threat to fair elections.

Low proposes using Bonta’s power to seek an expeditious judicial decision a novel approach to effectively resolve the matter. 

As the highest court in California, Bonta has the right to proactively request declaratory relief, which could hasten the settlement of this difficult case. With time running out, Trump’s candidacy in California is in jeopardy and open to many legal interpretations.

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