It has come to light that The New Hampshire Attorney General’s Office is examining a provocative legal argument that could prevent former President Donald Trump from being on the ballot in the 2024 presidential elections over his part in the Jan. 6 insurrection at the U.S. Capitol via NBC Boston.
Attorney General John Formella and Secretary of State David Scanlan issued a joint statement Tuesday saying that their offices have been tracking a legal discussion over Section 3 of the 14th Amendment and that Formella’s office is “reviewing the legal issues involved” at the request of Scanlan’s office.
It has been noted that The 14th Amendment to the Constitution was adopted after the Civil War, and its third section disqualifies anyone who “engaged in insurrection or rebellion” against the U.S. after taking the oath of office from serving in a federal office. Two conservative legal scholars this month pre-published an article arguing that the section prevents Trump from running for president again.
On Monday, a conservative talk show host prompted Trump supporters to bombard Scanlan’s office with phone calls seeking assurances that the secretary of state, who oversees New Hampshire’s elections, will not prevent Trump from being on the ballot, NBC News reported.
The announcement from Scanlan and Formella on Tuesday said there’s been “misinformation asserting or implying that the Secretary of State’s office has already taken a position on or is seeking to take certain action with respect to Donald Trump’s candidacy” in the primary, adding that neither office has taken a position on whether Section 3 of the 14th Amendment applies to the upcoming election.
