For Immediate Release
Contact: Jake Oliver, jake@anatgerstein.com, 347 361 9983
Good government group urges Legislature to establish independent procedure for determining the ballot qualification of a candidate in case the State Board of Elections deadlocks on this issue
New York, N.Y. (January 25, 2024) – Today, Citizens Union released a statement urging the State Legislature to create a viable mechanism for disqualifying candidates under Section 3 of the 14th Amendment of the United States Constitution. This issue has been raised in a number of states, including Colorado and Maine, that have disqualified former President Donald Trump from appearing on their state’s ballots. The New York State Board of Elections is meeting on February 6th to finalize the state’s ballot for the upcoming presidential primary election.
“Citizens Union believes, as did the framers of the 14th Amendment, that it is essential to our democracy and the rule of law that persons who served as public officers and participated in an insurrection should be disqualified from holding office. That is especially so because they may then exercise power to do so again, contrary to law and their oaths of office,” the statement reads.
Under New York State law, the issue would ordinarily be decided by the Board of Elections. But since the Board of Elections consists of two Democrats and two Republicans, likely resulting in a deadlock along party lines, Citizens Union now calls upon the State Legislature to amend the law to establish an additional independent procedure in the event of a deadlock for determining the qualification of a candidate to appear on the ballot under these circumstances. Citizens Union supports legislation introduced in the State Assembly and awaiting introduction in the State Senate that would authorize and direct the Attorney General to review and determine whether such a candidate would be qualified to appear on the ballot.
Citizens Union cares deeply about ensuring free, fair, and open elections, and respecting the results of free, fair, and open elections, both of which are essential to our democracy. That is why individuals who have abused their public office to undermine our democracy by fomenting insurrection to try to overturn the results of a free, fair and open election should have no place in public office again, whether at the local, state or federal levels,” said Randy Mastro, Chair of Citizens Union.
To read the full statement, see below:
Section 3 of the 14th Amendment of the United States Constitution disqualifies any person from holding, among other positions, any civil or military office of the United States, if that person has previously taken an oath as, among other positions, an officer of the United States, to support the Constitution and thereafter has engaged in, aided or supported an insurrection or rebellion against the Constitution. Adopted following the Civil War, this provision is not limited to the circumstances that gave rise to its enactment and remains a living and vital part of the Constitution.
Citizens Union believes, as did the framers of the 14th Amendment, that it is essential to our democracy and the rule of law that persons who served as public officers and participated in an insurrection should be disqualified from holding office. That is especially so because they may then exercise power to do so again, contrary to law and their oaths of office.
The issue has been appropriately raised in a number of states whether former President Trump, through his actions seeking to overturn the results of the 2020 election and prevent the peaceful transfer of power to the duly elected new President, is disqualified from again holding the office of the Presidency. The Supreme Court of Colorado and the Maine Secretary of State have, in fact, disqualified him from appearing on their state’s ballots. The question remains what other states like New York will do.
Under New York law, the issue would ordinarily be decided by the State Board of Elections. However, because that agency is a political body comprised of two Republicans and two Democrats, it seems unlikely that it would produce anything other than a deadlock. Accordingly, Citizens Union urges the State Legislature to establish a procedure in the event the State Board of Elections deadlocks on the disqualification of a candidate from appearing in the ballot in New York under Section 3 of the 14th Amendment. In particular, Citizens Union supports legislation already sponsored in the State Assembly and awaiting sponsorship in the State Senate that, in that event, authorizes and directs the Attorney General, the elected chief legal officer of the State, to decide the issue, after gathering and considering such evidence and following such procedures as may be appropriate, and further provides that the findings and conclusions of the Attorney General shall constitute a final decision subject to judicial review.
For more than 125 years, Citizens Union has been a non-partisan force for transparency, accountability, honesty and ethics in New York City and New York State government. The issue now before us directly concerns the flaws in our state system of administering elections – in particular, the likely partisan deadlock of the State Board of Elections, as currently constituted, to determine the qualifications of a candidate for office, including the Presidency under Section 3 of the 14th Amendment. In addition, Citizens Union has increasingly felt compelled to take positions on issues of federal policy that affect the values we hold dear. The fate of our democracy is literally on the ballot this November. And those who have proven they would undermine it by fomenting insurrection should have no place on it. There continue to be threats to our constitutional order, the protection of which lies at the heart of the disqualification clause of Section 3 of the 14th Amendment. On this issue, Citizens Union cannot remain silent.
###