ST. PAUL— The Minnesota Supreme Court, in an order issued Nov. 8, denied a petition filed by former Secretary of State Joan Growe and others that sought to disqualify former President Donald Trump from appearing on the Minnesota Republican primary ballot next March.
The justices, in an order signed by Chief Justice Natalie Hudson, denied the request without prejudice, which means the petitioners will have the right to bring their case back to the high court should Donald Trump be the GOP’s presidential nominee.
The justices rejected the claim of petitioners that current Secretary of State Steve Simon had erred by not taking steps to remove Trump from the primary ballot as disqualified under the 14th Amendment to the U.S. Constitution. Section Three of the 14th Amendment bars anyone from serving in public office who previously took an oath of office and later engaged in or provided aid to those engaging in insurrection. Petitioners argue that the Jan. 6, 2021, storming of the U.S. Capitol by Trump supporters, incited by Trump, met the definition of insurrection since it was intended to block the transition of power to the rightfully-elected new president, Joe Biden.
The high court declined to rule for now on whether Trump’s actions met the definition of “insurrection,” which likely would not be made without an evidentiary hearing. But they found, in either case, that the primary election is a function of the political parties and that under Minn. Stat. 204B.44(a), the court has no authority to intercede. The court agreed that the petitioners have standing but disagreed on the timing of their claim as it pertains to the 2024 general election ballot. “That claim is neither ripe, nor is it “about to occur” as section 204B.44(a) requires,” concluded the justices.
If Trump becomes the GOP nominee at the Republican National Convention next July and seeks ballot access in Minnesota after that, the high court could then take the case up again and address the issue of Trump’s actions and whether they are disqualifying.