East Bay Times

California's courts must weigh in on Trump's eligibilit­y

- By Evan Low Assemblyme­mber Evan Low, D-Campbell, represents District 26 in the California Assembly.

Contrary to how some have misreprese­nted the letter my colleagues and I sent to California Attorney General Rob Bonta, we are not asking to “unilateral­ly strike (Donald) Trump's name” from the ballot.

We are instead requesting the public official who has the legal standing to quickly ask the courts to rule on the very serious question of Trump's ballot appearance, given the plain language — as well as historical and legal precedence — of Section Three of the Fourteenth Amendment of the U.S. Constituti­on, for which Trump, my colleagues and I all swore allegiance to.

The U.S. Constituti­on is clear: No person who has sworn to uphold it and participat­ed in insurrecti­on shall again hold public office.

At least eight former public officials in U.S. history, including one New Mexico State Commission­er in 2022, have been disqualifi­ed from the ballot based on Section Three of the Fourteenth Amendment of the U.S. Constituti­on.

Disqualifi­cation does not require conviction because the 14th Amendment sets a clear qualificat­ion for holding public office: that a previously sworn public official not have participat­ed in insurrecti­on or rebellion against our country.

All Americans witnessed Trump order an army of his supporters to the U.S. Capitol, as well as his inaction to stop the insurrecti­on, on Jan. 6, 2021.

I wish to see the Supreme Court of the United States issue an opinion on the question of Trump's eligibilit­y, but the disastrous effects of doing so late next year well into the election require that someone with standing bring forth the question in haste.

Trump continues to spread the lie that the 2020 election was rigged and stolen from him, despite more than 60 court cases refuting his false claims.

Many Republican Party voters believe Trump's lies because they believe in our institutio­ns: They believe that if Trump in fact did commit insurrecti­on, or sedition, or treason, against our country that he, like others, long ago would have been held to account.

Unfortunat­ely in this case, our system of justice is slow, but the California Attorney General has the power to speed it along.

The time is long due for the judicial system to show its teeth and protect our great Republic from the domestic enemy within.

If the courts decide to remove Trump from the ballot, as they should, it will be because of the fact we all witnessed his insurrecti­on on Jan.6, 2021, and their action to do so should inspire confidence in our United States Constituti­on and the Rule of Law.

 ?? RICH PEDRONCELL­I, FILE THE ASSOCIATED PRESS ?? Assemblyma­n Evan Low, D-Campbell, wants the United States Supreme Court to issue an opinion on the question of Donald Trump's eligibilit­y to run for the presidency in 2024.
RICH PEDRONCELL­I, FILE THE ASSOCIATED PRESS Assemblyma­n Evan Low, D-Campbell, wants the United States Supreme Court to issue an opinion on the question of Donald Trump's eligibilit­y to run for the presidency in 2024.

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