In an unconventional move, California Democrats are making efforts to eliminate former President Donald Trump from the state’s March 5 primary ballot. To pursue this endeavor, they are urging a fellow Democrat, Attorney General Rob Bonta, to join their initiative.
Nine California lawmakers penned a letter to Attorney General Rob Bonta, contending that Trump is ineligible to appear on the ballot due to his alleged role in inciting the January 6, 2021 insurrection at the U.S. Capitol. This novel approach aims to expedite a state court ruling on Trump’s eligibility by utilizing Bonta’s position as California’s top law enforcement officer. If successful, California could become the first state to remove Trump from its ballot, even if the ruling is subsequently overturned.
Furthermore, Bonta would be the first state attorney general to take steps towards excluding Trump from the ballot. Similar cases in other states rely on secretaries of state.
The basis for the case is the argument that Trump’s participation in the insurrection disqualifies him from the ballot, citing the 14th Amendment, which prohibits any public official involved in an insurrection from holding office again.
The lawmakers stated in their letter that they witnessed Trump’s “insurrection against the United States” when he allegedly ordered his supporters to the Capitol to intimidate Vice President Pence and Congress.
Bonta’s office has indicated that they are reviewing the lawmakers’ request. A spokesperson emphasized Trump’s behavior as “unacceptable and unbecoming of any leader, let alone a President of the United States.”
Taking on Trump in such a high-profile manner could potentially benefit Bonta’s political ambitions, including a possible run for governor in 2026.
As attorney general, Bonta has the standing to proactively seek declaratory relief from a court, allowing a judge to promptly rule on an unresolved legal question. The lawmakers are requesting Bonta’s “immediate intervention” on the matter.
Trump has consistently opposed attempts to disqualify him from ballots, labeling them as politically motivated and stretching the law.
Efforts to remove Trump from ballots have predominantly focused on secretaries of state. However, this strategy aims to expedite the legal process, with the December 8 deadline for California’s primary ballot candidate declaration approaching.
Assemblymember Evan Low, who initiated the letter, emphasized the importance of swift court decisions to prevent further political turmoil. The lawmakers hope that Bonta, as attorney general, can expedite the process to provide answers and protect the Republic.
The letter received signatures from various Democratic lawmakers in California.
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