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It’s officially 2024, which means it’s a presidential election year (sigh). While we have nearly a year before the November 5 election, there’s a lot going on. With one leading candidate — former president Donald Trump — facing efforts to keep him off the ballot in some states and criminal indictments in others, your head is probably spinning about what is actually going to happen with this unprecedented election. Let us break it down
Is Trump on the ballot in every state?
Colorado made a move that may change the course of the election when the state’s top court ruled that Trump is disqualified from holding office for a second term because of his role in the January 6 insurrection. In the decision, the Colorado Supreme Court cited Section 3 of the 14th Amendment which, The New York Times reports, “disqualifies people who engage in insurrection against the Constitution after taking an oath to support it.” If the ruling stands, the Colorado secretary of state will be instructed to remove Trump as an option in the state’s Republican primary. In response to the ruling, the Trump campaign vowed to swiftly file an appeal to the US Supreme Court, setting up the embattled highest court in the land for a weighty decision.
Nine days later, Maine joined Colorado, becoming the second state to bar Trump from appearing on its 2024 Republican presidential primary ballot. Maine secretary of state Shenna Bellows echoed Colorado’s reasoning, saying the ban is related to the “insurrectionist ban” in the 14th Amendment of the Constitution. The January 6 attack, Bellows wrote, “occurred at the behest of and with the knowledge and support of the outgoing president (Trump).”
With the Supreme Court likely to hear the issue, a ruling could mean a decision on Trump’s eligibility to run for office in all 50 states. Though the Supreme Court is not currently scheduled to consider Trump’s appeals, Voice of America reports that “could change quickly as lower courts hear the cases with Trump, government prosecutors, and others certain to appeal any adverse rulings against them to the Supreme Court.”
What do the Trump indictments mean?
Since March, Trump has faced four separate criminal indictments and faces 91 felony charges, 44 of those federal and 47 state. The New York Times’ podcast, The Daily reported Trump is conducting his campaign as though he is not facing nearly 100 criminal charges.
But the question remains: If Trump is found guilty would he still be able to become president? The short answer is: yes. According to the Constitution, the eligibility requirements for president are as follows: They must be at least 35 years old, be “natural born citizens,” and have lived in the United States for at least 14 years. A criminal record does not bar someone from the presidency if the voters choose them, as the Times reports. However, if Trump is found guilty and racks up a felony conviction, he would not be able to vote in his home state of Florida, which bars felons from voting.
But what if he were convicted and sent to prison? Could he still be president? Technically, yes, but with caveats. According to The New York Times, the Constitution doesn’t state that an incarcerated person is ineligible to be president. If this scenario were to occur, Trump could sue for release “on the basis that his imprisonment was preventing him from fulfilling his constitutional obligations as president,” the Times reported. Trump could also attempt to pardon himself although such an action would test the limits of presidential power.
How are the candidates polling?
It’s all but official that Trump will be the Republican nominee for president, with polls showing a massive lead over challengers including Nikki Haley and Florida governor Ron DeSantis. (Haley has enjoyed recent surges and has “consolidated most of the non-Trump vote” but still lags behind the former president.)
And how is Trump faring against President Biden? Biden’s approval rating is down, though an end-of-the-year NBC News poll showed Biden narrowly trailing Trump in a head-to-head matchup. Other polls show a similarly tight race.
We know that’s a lot to keep track of. Follow along with us for the latest on Trump’s eligibility, the criminal cases against him, and what the polls say.
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