In a controversial move, five Democratic New York state senators, Brad Hoylman-Sigal, Liz Krueger, Timothy M. Kennedy, Gustavo Rivera, and Shelly B. Mayer, have submitted a letter to the New York State Board of Elections (NYSBOE), urging the exclusion of former President Donald Trump from the April 2, 2024, primary ballot. Alleging Trump's involvement in the events of January 6, the senators invoke Section 3 of the 14th Amendment to disqualify him from the electoral process.
Concurrently, Bronx Democrat Assemblymember Jeffrey Dinowitz has introduced legislation to amend the state election law, empowering the NYSBOE to remove an alleged insurrectionist from the ballot. This legislative move contributes to the ongoing debate surrounding the role of elected officials in shaping the electoral process.
Governor Kathy Hochul, a Democrat, responded to queries about Trump's potential removal from the New York ballot by stating, "We'll see what the Supreme Court does. It's not something we do, but it's something I'd watch very closely because that was one of the darkest days in our nation's history." This statement highlights a contrast between the actions of the five Democratic senators and the governor, revealing divergent views within the Democratic Party on addressing the aftermath of the January 6 events.
BOE Commissioner Casale, responding to the controversy, emphasized the independence of the NYSBOE from political pressures, stating, "Just because five senators tell you to do something, you don't have to jump through hoops, necessarily." This suggests that the NYSBOE may approach the matter impartially, unaffected by local politicians' advocacy.
Richie Schaffer, Chairman of the Suffolk Democrats, expressed confidence in the existing electoral processes, stating, "I trust the courts and BOE to do what they always do - oversee fair and lawful elections."
As the debate continues, the legal and constitutional dimensions of excluding Trump from the 2024 ballot will likely undergo scrutiny. Recent amendments to the Election Law, enacted on September 20, 2023, grant the NYSBOE the authority to determine a candidate's eligibility to appear on the ballot. The legislation stipulates that a candidate for president "shall be eligible to appear on the ballot if the state board of elections determines that the person is a nationally known and recognized candidate."
Critics argue that this legislative move could be exploited for political purposes, allowing elected officials to influence the NYSBOE's decision-making process. The proposed legislation further raises questions about the separation of powers and the checks and balances inherent in the democratic electoral system.
The legal implications of using Section 3 of the 14th Amendment to disqualify a presidential candidate have been scrutinized. While the amendment addresses insurrection and rebellion, its application to presidential candidacy remains untested, setting the stage for potential legal challenges.
 |
|
Democrats Brad Hoylman-Sigal, Shelly B. Mayer, Gustavo Rivera, Timothy
M. Kennedy, Liz Krueger, Center Donald J. Trump File Photo
|
Political Science Professor Nicholas Giordano of Suffolk Community College weighed in on the controversy, stating, "Those attempting to remove former President Trump from the ballot are either doing it for political purposes or they are ignorant of the Constitution. First, over 1,200 people have been arrested for January 6, and not a single court document refers to January 6 as an insurrection."
"Second, in cases where the former President was removed from the ballot, there was no trial, no evidence presented, no cross-examination, and no verdict of guilt. This is a mockery of our entire system of justice where the accused has the presumption of innocence until the government proves guilt beyond a reasonable doubt."
"Thirdly, the idea of removing a major political candidate from the ballot is the real threat to democracy. If the former President was down 20 points to President Biden in the polls, we would not be witnessing the overtly political moves to remove the former President from the ballot."
As the debate unfolds, it introduces complexity to the electoral landscape leading up to the 2024 election. Legal experts anticipate that the coming weeks may see additional legal challenges, discussions on the appropriateness of the legislators' actions, and the potential impact on the broader electoral process in New York and beyond. The intersection of constitutional principles, legislative amendments, and political maneuvering underscores the intricate dynamics shaping the nation's electoral landscape.