Advertisement

Trump's name can appear on Mass. primary ballot, SJC judge rules

A Supreme Judicial Court judge has ruled Donald Trump's name can appear on primary ballots in Massachusetts.

Monday's ruling comes in response to an effort to block the former president's name from the state's 2024 primary ballot over his role in the Jan. 6 attack in Washington D.C., which the petitioners argue was an act of insurrection. The State Ballot Law Commission previously denied their request to remove Trump's name, and the petitioners appealed to the state's highest court.

In upholding the commission's decision, Justice Frank Gaziano said the petitioners' argument "ignores" parts of the state election law they cite as reason for the commission to remove Trump's name.

Because Trump is not yet a nominee for president, Gaziano said the statute at hand does not apply.

"I cannot interpret the statute in a way that renders any part of the statute unnecessary, but that is essentially what the petitioners suggest," he wrote.

The Republican Party won't have an official nominee until after its national convention this summer.

"The petitioners' objections have, in essence, come too soon," he wrote. "If there is any question whether the commission has the authority or jurisdiction to consider the petitioners' objections regarding Trump's eligibility to appear on the general election ballot, that question will not become ripe until, and if, he is selected as his party's nominee for President."

The ballot commission held a hearing on Jan. 18, where they heard from the petitioners, which included former candidate for attorney general and U.S. Senate Shannon Liss-Riordan. They also heard arguments from attorneys representing Trump. Four days later, the commission issued its 10-page ruling denying the effort to oust Trump from the primary.

Liss-Riordan said she plans to appeal Gaziano's ruling.

"The only courts that have addressed this issue on the merits have found that Donald Trump is ineligible for the presidency under the 14th amendment because he engaged in an insurrection," she said.

State GOP Chair Amy Carnevale called the ruling "the right decision."

"The decision as to who the nominee of the Republican Party should lie with the voters in Massachusetts," she said.

Trump's primary ballot access has been a hot topic in recent weeks.

Colorado's high court ruled Trump is ineligible for the state's primary because, they said, he took part in an insurrection against the United States. Maine Secretary of State Shenna Bellows reached a similar finding for her state's early ballot. But in Michigan, the courts ruled Trump may appear on primary ballots, saying it was not the right venue to make that decision.

The Supreme Court will take up the question of whether Trump has run afoul of the 14th Amendment's insurrection clause, which Gaziano said "may resolve the underlying issue."

WBUR's Anthony Brooks contributed to this report.

This article was originally published on January 29, 2024.

Related:

Headshot of Roberto Scalese

Roberto Scalese Senior Editor, Digital
Roberto Scalese is a senior editor for digital.

More…

Advertisement

More from WBUR

Listen Live
Close