Mass. debates removing Trump from ballot

Boston Herald

BOSTON — The case to remove former President Donald Trump from the Massachusetts primary ballot became entangled in a legal debate Thursday over whether a state commission has jurisdiction to decide the matter.

Boston-based attorney Shannon Liss-riordan is representing a slate of bipartisan voters in Massachusetts who challenged Trump’s eligibility to appear on the ballot because of his role in the Jan. 6 attack on the U.S. Capitol, a move made in the shadows of a potential ruling on the issue from the U.S. Supreme Court.

North Andover-based attorney Marc Salinas, who is representing Trump, argued the State Ballot Law Commission does not have the authority to rule Trump ineligible because the MASSGOP submitted the former president’s name to Secretary of State William Galvin for ballot placement instead of a formal nominating process.

And there is nothing in case or state law that says qualification to appear on the ballot “is a precondition to appear on the ballot,” Salinas said.

“If this was an issue where Donald John Trump was placed on the ballot through a nomination, or this was a question addressing being on the general election ballot after being duly nominated, then this commission would have jurisdiction. At this stage, it doesn’t,” he said.

But Liss-riordan said Massachusetts law gives the commission the authority to investigate “the legality, validity, completeness, and accuracy of all nomination papers and actions” that allow a candidate access to the ballot.

The one-time attorney general candidate said the three-member body can hand down a decision on any matter that pertains to the statutory and constitutional qualifications of any nominee for national, state, or county office.

“Galvin has taken actions to place Mr. Trump on the presidential primary ballot and we are challenging the legality. Under the United States Constitution, the 14th Amendment, Section 3, we believe that Mr. Trump’s candidacy for this office and placement on the Massachusetts ballot violates the Constitution,” she said.

The commission adjourned Thursday without making a ruling on jurisdiction. Another hearing was not immediately scheduled.