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State senators want the bi-partisan New York State Board of Elections to exclude former President Donald Trump from the 2024 election ballots.
By: Juliette Fairley
State senators Brad Hoylman-Sigal (D-Manhattan) and Liz Krueger (D-Manhattan) are among the five New York Democrat politicians who want the bi-partisan New York State Board of Elections (NYSBOE) to exclude former President Donald Trump from the 2024 presidential primary and general election ballot.
Ms. Krueger, Mr. Hoylman-Sigal, and three other state senators signed a Dec. 7 letter addressed to NYSBOE co-chairs Peter S. Kosinski and Douglas A. Kellner requesting they comply with their oath to support the U.S. Constitution.
“The January 6 insurrection was a violent uprising against the United States that tragically resulted in loss of multiple lives,” the letter states. “That dark day in our nation’s history was led, facilitated, and encouraged by Trump. The Board must not allow those who participated to run again for office against the mandate of the Constitution.”
Other politicians who signed the letter included New York state Sens. Timothy M. Kennedy (D-Buffalo), Gustavo Rivera (D-Bronx), and Shelly B. Mayer (D-Mamoroneck).
The NYSBOE is made up of two Republicans and two Democrats.
Mr. Kellner and Commissioner Andrew J. Spano are Democrats while Mr. Kosinski and Commissioner Anthony J. Casale are Republicans.
As a result, Robert Hornak, political consultant with Lexington Public Affairs, is doubtful a consensus vote to keep President Trump off the primary or general election ballot can be reached.
New York state’s Republican primary is on April 2, 2024, and the general presidential election is on Nov. 5, 2024.
“Why would Republicans tie their own hands assuming President Trump is chosen at the convention,” Mr. Hornak told The Epoch Times. “Why would they want to keep him off the ballot in New York and allow Democrats to run up the popular vote total?”
An ‘Insurrection’
The Democrat state senators allege that Section Three of the Fourteenth Amendment applies to President Trump because he allegedly “engaged” in the violence that was seen at the Jan. 6 protest at the U.S. Capitol.
“Having sworn an oath to support the Constitution as an officer of the United States, he then ‘engaged’ in the violent January 6 insurrection as that term is defined by law and precedent,” the letter further states. “As a result, Trump is now ineligible to hold any ‘office . . . under the United States,’ including the presidency, unless and until he is relieved of that disqualification by two-thirds of both chambers of Congress.”
Former New York Republican Congressman John Faso, an attorney, however, said that some fundamental issues in the accusation remain unresolved.
“I think this is just political posturing,” Mr. Faso told The Epoch Times. “I don’t see the letter going anywhere.”
For one thing, in New York state, “insurrection” has yet to be defined, according to Mr. Faso.
“A court would have to make such a finding and, as of yet, no court has made such a finding,” he said.
Although Denver Judge Sarah B. Wallace decided last month that President Trump did “engage in insurrection” on Jan. 6, she also ruled that the Fourteenth Amendment’s Section Three clause does not apply to the U.S. Presidency.
