Pro/Con: Should states be able to remove candidates from the presidential ballot?

Pro

Ruthie Gravelle / Staff Reporter

It is constitutional and essential to democracy that state governments are able to remove candidates from the presidential ballot.

As stated in Section 3 of the 14th Amendment, states may remove candidates who have “engaged in insurrection.” This was adopted after the Civil War to keep the Confederates from running for office, and it retains its relevance with modern examples such as former President Donald Trump. 

When Colorado and Maine decided to remove Trump from the 2024 ballot, they were exercising their 14th Amendment right.

The concept of states’ rights is a staple of American democracy. The 10th Amendment allows state governments to make decisions regarding any issue not reserved to the federal government under the U.S. Constitution. 

Because this power is not explicitly given to the federal government, it is the decision of the state government to remove candidates from the ballot if they have engaged insurrection.

States adhere to federal law; however, their individual laws are also important. When those making laws are closest to the people most affected by them, they are more sensitive to local issues. Ironically, Trump often argues for states’ rights on issues profitable to him, such as abortion and immigration, but  ignores how the idea pertains to his candidacy. 

Another crucial aspect of democracy is that the people decide, through voting, who represents them in the government. While removing potential candidates may seem to defy democracy because it doesn’t allow people to decide who represents them, insurrection defies democracy in a more extreme manner.  

It is constitutional for states to remove presidential candidates from the ballot if they have deemed the candidate to be an insurrectionist. They can and should exercise their right to do so.

Con

Bree Dixon / Staff Reporter

With the 2024 presidential election on the horizon, discussions of whether states should be allowed to remove candidates from their ballots has become an issue of debate. 

The Constitutional integrity of this has brought up controversy over the states’ individual decisions.

Instead of the decision being made by the federal government, the Supreme Court decided individual states have the power to determine if presidential candidates appear on the ballot. However, the decision to give the power to states by devolution should remain within the power of the federal government. Otherwise, it promotes an unfair election.

There are few ways to be removed as a candidate from the ballot for a presidential election. One of the main ways this occurs is by violating Section 3 of the 14th Amendment, which states insurrectionists aren’t permitted to run for public office. This means anyone convicted of a crime, misdemeanor or act of rebellion against the U.S. is not allowed to run for any election.

In more recent news, former President Donald Trump is  under indictment for multiple offenses that potentially make him ineligible for candidacy. According to The New York Times, if convicted for any of the charges against him, states would be able to remove Trump from ballots based on the Supreme Court’s decision.

However, if he is found guilty, some states could decide to keep Trump on the ballot while others remove him, escalating the conflict. This is important because states could decide to ignore the ruling if he is convicted. 

Overall, the question of Trump’s eligibility should reside with the federal government to enforce the Constitution, specifically the 14th Amendment, if he is convicted of his charges. 

The state legislatures should not have the power to decide on the removal of candidates from the ballot to allow the federal government to enforce the same law across the country. If some states keep a candidate on the ballot while others remove that candidate, it disrupts the fairness of the election.