The Michigan Court of Appeals has upheld a prior decision from a lower court, confirming on Thursday that former President Donald Trump is eligible to be featured on the state’s primary ballot. In response to legal challenges arguing his disqualification under Section 3 of the 14th Amendment, the court asserted that the Secretary of State lacked the authority to make eligibility determinations or withhold a candidate from the ballot based on such determinations.
The three-judge panel’s ruling aligned with the earlier decision, emphasizing that the statutory framework governing presidential primary elections doesn’t grant the Secretary of State the power to make eligibility determinations. Despite this, the appeals court refrained from addressing the issue of insurrection and opted not to conduct an evidentiary hearing.
The Trump campaign celebrated the decision, emphasizing the continued success in thwarting what they deemed “bad faith” challenges across various states. Steven Cheung, a spokesperson for President Trump, asserted, “President Trump remains undefeated against these frivolous legal claims and has never been in a stronger position to win next year’s election. We look forward to the swift dismissals of all remaining ballot challenge cases and even bigger wins for the American people in 2024.”
The legal battle began when activists filed a lawsuit against the state, arguing that President Trump should be disqualified from the primary ballot. The Michigan Court of Claims ruled last month to keep Trump on the ballot, prompting an appeal filed in both the Michigan Court of Appeals and the Michigan Supreme Court.
On December 6, the Michigan Supreme Court surprised many by rejecting an expedited hearing, instructing the parties to proceed in the appeals court first. While one judge dissented, urging a remand to the Court of Claims for an evidentiary hearing, the majority chose a different path. Had the case returned to the Court of Claims, Michigan might have followed Colorado in evaluating whether the former president had “engaged” in an “insurrection,” potentially impacting his eligibility for the primary ballot.
Several lawsuits were brought against Michigan Secretary of State Jocelyn Benson, with local community advocate Robert Davis, activist group Free Speech for People representing a small group of voters, and President Trump himself initiating legal challenges. Trump, however, was not allowed to participate as an intervenor in the initial case.
Now, voters are anticipated to appeal to the Michigan Supreme Court, which could potentially delve into the contentious issue of “insurrection.” The looming deadline for primary ballots, set for January 13, 2024—45 days before the state’s primary on February 27, 2024, poses a time constraint for further legal proceedings. This timeline is crucial for the preparation and distribution of ballots to overseas military personnel.
Notably, oral arguments were not conducted before the appellate court, which had set a deadline for briefs by the close of business on December 8. The legal saga surrounding President Trump’s eligibility for the Michigan primary ballot continues to unfold, prompting anticipation for the Michigan Supreme Court’s potential involvement and its impact on the broader discourse surrounding electoral eligibility and the repercussions of the January 6 insurrection.