Connecticut is 13th State Considering Trump Ballot Ban

WASHINGTON - Sept. 11, 2023 - PRLog -- Connecticut has just become the 13th state in which officials are considering banning Trump from the ballot based upon the controversial Section 13 of the Fourteenth Amendment to the Constitution, notes public interest law professor John Banzhaf.

This most recent challenge to Trump's candidacy comes in the form of a formal request filed with Connecticut's Secretary of the State Stephanie Thomas, asking her to conduct a fact-finding hearing on the matter.

This parallels formal legal demands pursuant to Section 13 filed by Prof Banzhaf in Arizona, Arkansas, Connecticut, Florida, Georgia, Maine, Michigan, Nevada, New Hampshire, New Jersey, Ohio, North Carolina, and Pennsylvania which also request a fact-finding hearing.

Unlike some who argue that Section 13 is "self executing," Banzhaf notes that another section of the Fourteenth Amendment which says than no person can be deprived of any "liberty" or "property" type interest without due process of law means that there must first be an adjudicative (fact-finding) hearing before Trump could be removed from ballots.

Then and only then - if he has been found to "have engaged in insurrection or rebellion" after a fact-finding (adjudicative) hearing at which he is accorded due process - his name must be removed, says Banzhaf.

To refute those who argue that preventing candidates from appearing on ballots is un-American and/or undemocratic, a new report (https://www.citizensforethics.org/wp-content/uploads/2023...) shows that such efforts are not uncommon, and have frequently been successful.

Professor Banzhaf notes that Section 3 and its application to the events of January 6th have already had some real-world consequences: in New Mexico a county commissioner lost his office; a member of Congress was found to be covered by the section; and another member of Congress escaped removal only because he was found not to have engaged in insurrection.

As the impartial Congressional Research Service has determined (https://www.google.com/url?esrc=s&q=&rct=j&sa...), "Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary.  Reconstruction Era federal prosecutors brought civil actions in court to oust officials linked to the Confederacy, and Congress in some cases took action to refuse to seat Members."

Thus, to constitutionally bar Trump from the ballot, there must first be a due process hearing, held for example by the Secretary of State, in which Trump is found to have "engaged in insurrection."

As an alternative, a state could announce that Trump is barred from the ballot, explains Banzhaf, who has won several noteworthy agency cases (e.g., involving smoking bans, antismoking messages on TV, stronger warning labels on foods and birth control pills, safety standards for school buses, etc.).

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf