The American Democracy Minute Radio Report & Podcast for June 7, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Ohio has an Aug. 7th deadline for November’s candidate certification.  Problem is, Joe Biden wasn’t going to be nominated until the Democratic convention beginning Aug. 19th.   What’s an Ohio legislature to do?  Try and stop citizen ballot initiatives, of course.

State legislatures routinely pass housekeeping bills to accommodate such discrepancies with state law.  But not this year. The legislative majority was spanked by the voters in 2023 after the legislature backed changes to ballot measure rules in August, trying to derail a reproductive rights initiative in November.  

This November’s ballot initiatives include a ballot measure replacing Ohio’s politician-run redistricting commission with a citizen-run body, and enshrining the fundamental right to vote, including early voting and voting by mail. 

The Ohio Capital Journal reports that negotiations for the fix began in early May, passing a House committee.  Seeing a partisan opportunity, extreme Republican Senate leaders rolled in SB 215, a bill expanding a ban on foreign contributions to ballot measures to include foreign nationals living and working legally in the U.S.  The Associated Press reports that a group funding the November Issue 1 reproductive rights campaign received donations from a legal U.S. resident, Swiss billionaire Hansjorg Wyss.

When national Democrats organized a pre-convention online nomination instead, and DeWine berated his fellow Republicans, Senate leadership offered to pass the fix, if the foreign funder legislation was passed, too.  In a special legislative session, both the fix and ban were passed, and signed by the governor.  

Find more on this unnecessary drama at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Ohio Capital Journal –  (Commentary) An obscure provision of Ohio law could keep Biden off the ballot in November
Ohio Capital Journal – Ohio legislative leaders say Biden ballot fix won’t happen through lawmakers
Ohio Capital Journal – Ohio House agrees to Biden ballot fix compromise if ‘anti-democratic’ Senate provisions removed
CBS News – (2023) Ohio’s 2023 abortion fight cost campaigns $70 million
Associated Press – Ohio’s Republican governor signs measure ensuring Biden appears on the fall ballot
BallotPedia –  Ohio 2024 Ballot Measures 

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#Democracy  #DemocracyNews #OhioNews #OhioPolitics #CitizenBallotInitiatives #2024Election

The post Why Was Joe Biden’s Appearance on the Ohio Ballot in Question?  Partisan Politics, and Another Attempt to Derail Citizen Ballot Initiatives.  appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 12, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

After oral arguments were heard February 8th in Donald Trump’s 14th Amendment eligibility case, some legal scholars voiced concerns that the pending decision could have dangerous consequences.

Justices Kagan and Coney Barrett expressed skepticism that the framers would intentionally grant a power to the states that could change the outcome of a national election.  But Edward Foley of Ohio State University wrote in The Atlantic that the 14th Amendment intentionally gave states this power to prevent a rekindling of Confederates in power, however messy it might be.  

When asked what precedence there was for the Colorado decision, the plaintiff’s attorney cited one 1868 case where the Governor of Georgia disqualified a candidate for the U.S. House.   But Citizens for Responsibility and Ethics in Washington cites seven other cases, only two with convictions, where the 14th Amendment Section 3 was used by states to disqualify federal, state or local candidates.  In the federal cases, Congress refused to seat those candidates after an election. 

Election law scholar Richard Hasen of UCLA Law’s Safeguarding Democracy Project suggests in Slate that if Trump should be convicted in Federal court in one of his other cases, a SCOTUS decision ducking the 14th Amendment sets up a dangerous scenario where Trump wins the election, but a Democrat-controlled Congress disqualifies him and keeps him from taking office AFTER the election.  

We have links to these articles at AmericanDemocracyMinute.org.  I’m Brian Beihl.  

Today’s Links

Articles & Resources:
NPR – Supreme Court justices appear skeptical of effort to remove Trump from a state ballot
ScotusBlog – Supreme Court appears unlikely to kick Trump off Colorado ballot
Election Law Blog/Slate – My New One at Slate: “A Grand Bargain Is Emerging in the Supreme Court’s Trump Cases, But Chaos May Be Ahead”
The Atlantic – What the Colorado Oral Argument Missed

Citizens for Responsibility and Ethics in Washington – The precedent for 14th Amendment disqualification

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

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#Democracy  #DemocracyNews #Insurrection #SCOTUS #14thAmendment #TrumpCriminalTrials #USSupremeCourt  #BallotEligibility

The post Scholars Question SCOTUS Lean Toward Not Allowing States to Ban Federal Candidates, as It Tries to Navigate a 14th Amendment Minefield appeared first on American Democracy Minute.

February 8th, 2024, 10 AM Eastern

We urge our listeners to tune into the oral arguments in the U.S. Supreme Court today, as former President Donald Trump challenges the ruling by the Colorado Supreme Court that he is ineligible for office. This is a historic moment in U.S. governing and democracy, and citizens who support the republic and the rule of law should be attentive.

Today’s live stream is available directly from the U.S. Supreme Court:

https://www.supremecourt.gov/oral_arguments/live.aspx

It is also scheduled to be available on CSPAN, PBS, and MSNBC.

Here is the text of the 14th Amendment, section 3:

See our past coverage of the 14th Amendment Section 3, and links from those pages will take you on a deep dive into the history and scholarly opinions on this issue.

The post U.S. Supreme Court Live Stream of Oral Arguments in Donald Trump’s Eligibility for Office Under the 14th Amendment, Section 3 appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 31, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

While we wait for the U.S. Supreme Court to rule on former President Trump’s appeal to the Colorado 14th amendment ballot eligibility decision, we have updates on other recent state cases. 

In Massachusetts on Jan. 29th, the state’s ballot law commission ruled against two challenges, saying that the body did not have jurisdiction.  In Maine, a court kept Trump on the ballot after the Secretary of State’s decision to remove him, pending the U.S. Supreme Court appeal in February. 

An Illinois Board of Elections’ hearing officer said Tuesday that the Board of Elections can only rule on Illinois election code matters, not the U.S. Constitution, and recommended dismissing the case.  But Capital News Illinois reports that the judge also said that if the board chose not to dismiss, QUOTE “President Trump engaged in insurrection, within the meaning of Section 3 of the Fourteenth Amendment, and should have his name removed from the March, 2024 primary ballot in Illinois.” 

States having already dismissed challenges include Washington, California, Michigan, Minnesota, Oregon and New Hampshire, some which could be reconsidered based on the outcome of the Supreme Court’s decision.

Ten more minor cases remain pending. Several others have been withdrawn by the plaintiffs, according to Lawfare. 

We have links to more information on these challenges at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Democracy Minute – Court Challenges to Trump’s Ballot Eligibility are Pending in 17 States.   Losses in Colorado & Michigan are Being Appealed.
PBS Newshour – Supreme Court to hear Trump ballot case that could upend 2024 presidential election
The Hill – Trump candidacy challenge dismissed in Massachusetts
The Hill – Maine judge defers decision on Trump 14th Amendment question until Supreme Court rules
CNN – Illinois election board hears objection to Trump candidacy based on January 6 insurrection

Capital News Illinois – State election board to rule on challenge to Trump candidacy
Lawfare – Tracking Trump Section 3 Challenges
CNN – Tracking the major 14th Amendment efforts to remove Trump from the 2024 ballot

Groups Taking Action:
Free Speech for People, Citizens for Responsibility & Ethics in Washington (CREW)

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #14thAmendment #BallotDisqualification #Insurrectionists

The post The U.S. Supreme Court hears the Appeal of Donald Trump’s Eligibility in February, But Where Do the Many State Cases Stand? appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 1, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

December 27th, state Republicans appealed former President Donald Trump’s disqualification from the Colorado primary ballot to the U.S. Supreme Court. The Fourteenth Amendment seems clear: If you took an oath and supported an insurrection, you’re disqualified from holding office. But it’s far from simple, and untested legal territory.

In the appeal of the Colorado decision, Republicans argue three things: Is the President an “officer of the United States” as defined by the Fourteenth Amendment Section 3? Does the Fourteenth Amendment allow states to “Self Execute” Section 3, or does Congress need to authorize it? And, does blocking a political party from offering the candidates of its choice violate the party’s right to free speech under the First Amendment?

Other issues raised by scholars include whether Donald Trump can be barred from the ballot without due process. While there appears to be ample evidence, the former President has not yet been convicted of insurrection. UCLA election law scholar Rick Hasen told PBS NewsHour that the Constitution doesn’t specify what body gets to determine whether a candidate has engaged in insurrection. In Colorado, it was a trial court judge and not a jury. In Maine, it was the Secretary of State.

Hasen added that if Trump prevails on any of these questions, he’s likely to remain on the ballot.

Find more analysis and the Colorado Republicans’ appeal at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:
Reuters – Republicans appeal Trump Colorado ballot disqualification to US Supreme Court – attorney
Cato Institute – Trump’s Disqualification: A Primer
Colorado Republican Central Committee – Appeal to the U.S. Supreme Court

Politico – US Supreme Court officially asked to take up Trump’s 14th Amendment issue
New York Times – (Possible paywall)  How the Supreme Court May Rule on Trump’s Presidential Run
Daily Beast – (Opinion)  Here’s What SCOTUS Should Do With the Trump Ballot Cases
Brennan Center for Justice – (Opinion/Analysis) Accountability for Trump

Groups Taking Action:
Free Speech for People, Citizens for Responsibility and Ethics in Washington (CREW), Mi Familia Vota

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #Insurrection #14thAmendment #USSupremeCourt #SCOTUS #ColoradoPolitics #CREW

The post Trump’s Ballot Disqualification in Colorado is Headed to the U.S. Supreme Court.   What Issues Will SCOTUS Consider?  appeared first on American Democracy Minute.