Legal Expert Analyzes Effort to Remove Trump from NY Ballot

An attempt to remove former President Donald Trump from the primary ballot in New York has been questioned by legal expert Joe Burns, who highlighted several procedural issues that could lead to the failure of the lawsuit. The New York Board of Elections (BOE) recently certified the ballot with Trump's name for the state's Republican primary in April, prompting Democratic state Sen. Brad Hoylman-Sigal to file a petition with the state's Supreme Court on the same day, claiming Trump's ineligibility.

Procedural Issues and Challenges

According to Burns, the lawsuit is likely to encounter significant challenges, beginning with the petitioners' standing as qualified objectors. He explained that under New York State law, sending letters to the BOE demanding Trump's removal does not constitute a proper objection, raising concerns about the petitioners' standing in the case. Furthermore, Burns pointed out that there is a narrow 10-day window from the candidate's filing with the BOE to launch a lawsuit aimed at excluding them from the ballot. In the case of Trump, who filed in December, this time constraint poses a significant hurdle for the petitioners' legal challenge. Additionally, Burns emphasized that the 14th Amendment issues are inapplicable in this context, as they pertain to an individual holding office, not the presidential primary, where voters are essentially "voting to bind the delegates at the convention to vote for one candidate or another."

Legal Counsel's Response

In response to Burns' analysis, Roger Bernstein, New York co-counsel for the petitioners, asserted that the case has been properly filed and that the petitioners are well-qualified. Bernstein highlighted the concerns about allowing an "insurrectionist" to run for office and emphasized the importance of addressing the disqualification issue at the primary election stage.

Board of Elections' Decision

Burns defended the BOE's decision to include Trump on the ballot, emphasizing that they fulfilled their legal obligation by determining if the candidates were nationally known individuals. He reiterated that considerations beyond this scope are outside the jurisdiction of the BOE.

National Implications and Supreme Court Involvement

Simultaneously, the U.S. Supreme Court heard oral arguments in a similar effort in Colorado to remove Trump from the ballot, citing violations of the 14th Amendment. The outcome of this case could have implications for the New York lawsuit, as Trump's attorneys are seeking a stay pending the Supreme Court's decision in the Colorado case.

Anticipated Supreme Court Ruling

According to legal experts, including Burns, the Supreme Court is expected to rule decisively, and possibly unanimously, in favor of Trump. The justices are anticipated to act promptly on the case, which could have ramifications for the ongoing legal battles in New York and other states. The legal analysis of the effort to remove Trump from the New York primary ballot underscores the complexities and implications of the lawsuit, which is closely tied to the interpretation of electoral laws and constitutional provisions. As the legal proceedings unfold, the outcome of the Supreme Court's decision in the Colorado case is poised to significantly impact the trajectory of the legal challenges against Trump's candidacy in various states.