lawrota.com

In a high-stakes race against time, the unfolding drama centers around an intense legal tug-of-war aimed at excluding former President Donald Trump from California’s March 5 primary ballot. Democrats nationwide have mobilized to challenge Trump’s eligibility, pointing to his alleged role in the January 6, 2021 attack on the U.S. Capitol. The clock is ticking, and with a critical deadline of December 28, Secretary of State Shirley Weber finds herself at the epicenter of decisions that could reverberate across the political landscape.

California is just one battleground in a broader conflict, as Democratic secretaries of state in pivotal swing states, including Arizona and Michigan, grapple with the question of whether they can unilaterally disqualify a candidate. While some have been cautious about exerting such authority, others argue that constitutional grounds permit such actions. Secretary Weber has yet to take a definitive stance, emphasizing that her office is closely monitoring legal developments both within the state and across the nation.

One key challenge for those seeking to remove Trump is the potential for legal battles and the assertion by Trump’s spokesperson, Steven Cheung, that such efforts are a “political attack” stretching the law beyond recognition. The conservative majority in the U.S. Supreme Court adds another layer of complexity, raising questions about the ultimate impact of these challenges.

The battle unfolds on two fronts: the question of whether Secretary Weber can act unilaterally and the pursuit of legal avenues through lawsuits. In about half a dozen states, including California, lawsuits have been filed to compel secretaries of state to remove Trump from primary ballots. The Colorado Supreme Court recently agreed to hear an appeal on this matter, while the Minnesota Supreme Court dismissed a similar lawsuit earlier this month.

In California, 11 Democrats in the Assembly, led by Assemblymember Evan Low, have taken a unique approach. They sent a letter to state Attorney General Rob Bonta, urging him to use his authority to seek an expedited state court ruling. This strategy, if successful, could provide a swift resolution to the legal uncertainty surrounding Trump’s eligibility.

With the clock ticking, Rick Hasen, director of the Safeguarding Democracy Project at UCLA’s School of Law, emphasizes the urgency of resolving the issue promptly. He notes that if the matter isn’t settled now, it could resurface after the primary, potentially leading to social upheaval. The unfolding saga underscores the intersection of legal intricacies and the broader implications for the democratic process in the face of a looming election.

source: California struggles to knock Trump off the ballot – POLITICO

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