Michigan Supreme Court rejects attempt to remove Trump from ballot

The Michigan Supreme Court has rejected an attempt to remove former President Trump from the state's 2024 Republican primary ballot.

The decision comes after the Colorado Supreme Court last week disqualified Trump from appearing on that state's ballots in 2024. The disqualification, which was made under the 14th Amendment of the U.S. Constitution, is related to the Capitol riot on Jan. 6, 2021.

"Significantly, Colorado’s election laws differ from Michigan’s laws in a material way that is directly relevant to why the appellants in this case are not entitled to the relief they seek concerning the presidential primary election in Michigan," Justice Elizabeth Welch wrote Wednesday, explaining the court's ruling.

Trump wrote in a post on Truth Social following the decision that "the Michigan Supreme Court has strongly and rightfully denied the Desperate Democrat attempt to take the leading Candidate in the 2024 Presidential Election, me, off the ballot in the Great State of Michigan."

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Former President Trump speaks at a campaign rally on Saturday, Dec. 16 in Durham, New Hampshire. (AP/Reba Saldanha)

Welch said in the ruling "appellants argue that the political parties are state actors for purposes of putting forward candidates for the presidential primary, and thus, the political parties are subject to the United States Constitution."

"The appellants have also notified this Court that on December 19, 2023, a majority of the Colorado Supreme Court held that Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution and that therefore, under the Colorado Election Code, it would be wrongful for the Colorado Secretary of State to list him as a candidate on the Colorado Republican presidential primary ballot in 2024," she continued.

Welch noted that the Colorado ruling "was preceded by a lengthy evidentiary proceeding in a trial court that developed the factual record necessary to resolve the complicated legal questions at issue," and that the "effect of the decision from Colorado has been stayed for a short period, and Trump has indicated his intent to seek leave to appeal in the United States Supreme Court."

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Former President Trump speaks during a rally on Sept. 20, 2023, in Dubuque, Iowa. (AP Photo/Charlie Neibergall)

She added, however, that "appellants have identified no analogous provision in the Michigan Election Law that requires someone seeking the office of President of the United States to attest to their legal qualification to hold the office."

The 14th Amendment states, "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability."

Trump also said following the ruling that "this pathetic gambit to rig the Election has failed all across the Country, including in states that have leaned heavily toward the Democrats.

"Colorado is the only State to have fallen prey to the scheme," he wrote.

Free Speech for People, which says it helped file the lawsuit in Michigan "on behalf of a diverse group of Michigan voters," describes itself as a "national non-profit non-partisan organization."

"We are disappointed by the Michigan Supreme Court’s decision," Ron Fein, its legal director, said in a statement Wednesday after the ruling. "The ruling conflicts with longstanding U.S. Supreme Court precedent that makes clear that when political parties use the election machinery of the state to select, via the primary process, their candidates for the general election, they must comply with all constitutional requirements in that process.

"However, the Michigan Supreme Court did not rule out that the question of Donald Trump’s disqualification for engaging in insurrection against the U.S. Constitution may be resolved at a later stage," Fein added. "The decision isn’t binding on any court outside Michigan and we continue our current and planned legal actions in other states to enforce Section 3 of the Fourteenth Amendment against Donald Trump."

Former President Trump points after delivering remarks at a campaign rally at The Ted Hendricks Stadium at Henry Milander Park on Nov. 8 in Hialeah, Florida. (Alon Skuy/Getty Images)

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Disqualification lawsuits relating to Trump's appearance on the ballot are pending in other states, including Texas, Nevada and Wisconsin.

Fox News' Adam Sabes. Bill Mears and The Associated Press contributed to this report.