Senior House Democrats signaled Friday that they may not certify the 2024 election results if former President Donald Trump wins, according to The Atlantic.
During oral arguments earlier this month to consider a Colorado ruling finding Trump ineligible for the ballot under the 14th Amendment’s “insurrectionist ban,” the Supreme Court did not appear persuaded that a single state should be able to remove him, though it is unclear whether the justices will address the eligibility question directly. Depite criticizing Republicans who voted against certifying President Joe Biden’s victory in 2020, several senior Democrats who spoke to The Atlantic reportedly left open the possibility of not certifying a Trump 2024 victory if the Supreme Court does not clearly rule on his eligibility.
Democratic California Rep. Zoe Lofgren told the Atlantic she believes Trump is “clearly ineligible” but said the process of challenging it is “very murky.” She said “there’s no procedure, per se, for challenging on this basis,” according to the outlet.
Nevertheless, Lofgren said she “might be” among the legislatures who would seek to disqualify him.
Democratic South Carolina Rep. Jim Clyburn told the Atlantic he thinks Trump is “an insurrectionist.” (RELATED: Nearly Every Supreme Court Justice Seems To Have Doubts About Kicking Trump Off The Ballot)
NASHVILLE, TENNESSEE – FEBRUARY 22: Republican presidential candidate, former U.S. President Donald Trump, stands on stage during the 2024 NRB International Christian Media Convention Presidential Forum at The Gaylord Opryland Resort and Convention Center on February 22, 2024 in Nashville, Tennessee.(Photo by Jon Cherry/Getty Images)
Democratic California Rep. Adam Schiff, while noting he would not object if the Supreme Court rules Trump is eligible, told The Atlantic he didn’t “want to get into the chaos hypothetical” of the Supreme Court declining to answer.
“I’m going to follow the law,” Democratic California Rep. Eric Swalwell told the Atlantic. “I would not object out of protest of how the Supreme Court comes down. It would be doing what I didn’t like about the January 6 Republicans.”
The attorney representing Colorado during oral arguments, Jason Murray, suggested to the justices that the issue may arise again in Congress if they do not make a clear determination.
“If this Court concludes that Colorado did not have the authority to exclude President Trump from the presidential ballot on procedural grounds…I think it could come back with a vengeance because, ultimately, members of Congress would — may have to make the — the determination after a presidential election if President Trump wins about whether or not he is disqualified from office and whether to count votes cast for him under the Electoral Count Reform Act,” he said.
Update: After publication, a spokesperson for Lofgren contacted the DCNF to express concern that the statement attributed to her in The Atlantic was not put in its full context.
“The Electoral Count Act does not permit disqualification of Electoral College votes based on insurrection activities of a candidate,” Lofgren said in a statement. “After my work on the January 6th Select Committee, I am confident that Mr. Trump engaged in insurrection. The constitutional impact of his behavior is currently a murky legal question and under consideration by the Supreme Court. I would consider objecting to the electoral vote certification under the Electoral Count Act if the Supreme Court rules that the 14th Amendment required such action despite the Electoral Count Act. I am not considering objecting prior to the Supreme Court issuing its decision and if the decision provides that path legally. I regret that my statement was not clearer and want to be very clear now.”
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