As the March 5 primary ballot deadline in California approaches, Democrats are racing against time to challenge former President Donald Trump’s inclusion over his alleged role in the Jan. 6, 2021 Capitol attack. While long-shot challenges have been launched in various states, California Secretary of State Shirley Weber faces a critical decision by Dec. 28, the certification deadline.
Authority Questions and Weber’s Position
A key question revolves around the authority of top election officials to act unilaterally in removing a candidate from the ballot. Democratic secretaries of state in pivotal states like Arizona and Michigan have been cautious, and Weber has not taken a definitive stance. Her office emphasizes ongoing reviews of legal cases both in California and other states.
Several states, including California, base challenges on the claim that Trump incited an insurrection during the Capitol attack. Trump’s campaign views these efforts as political attacks, likely leading to legal challenges if pursued.
Court Challenges and the Role of Attorney General Rob Bonta
Lawsuits, filed in about half a dozen states, including California, aim to compel secretaries of state to exclude Trump from primary ballots. The Colorado Supreme Court and the Minnesota Supreme Court have taken different stances on this issue. In California, 11 Democratic Assembly members, led by Evan Low, have urged Attorney General Rob Bonta to expedite a state court ruling. This unique approach could see Bonta using his authority to seek declaratory relief, allowing a judge to rule swiftly on the unresolved legal question.
The clock is ticking, and Bonta’s response remains awaited. Legal experts, such as Rick Hasen from UCLA’s School of Law, emphasize the need for a prompt resolution to avoid potential social upheaval. If unresolved, the issue could resurface post-primary, with hypothetical scenarios involving Democrats challenging a second Trump presidency certification, especially if they secure control of the House in 2024.
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