Congressman Clay Higgins introduced a bill that, if passed, would block states from excluding nominees from major political parties on the general election ballots. As he noted on Twitter:
New law… If any state in our Union blocks the official nominee of a major political party from the Presidential ballot, their electoral slate will not be counted by Congress on the following January 6th.
Play stupid games, win stupid prizes.
Have a very MAGA Christmas.
New law… If any state in our Union blocks the official nominee of a major political party from the Presidential ballot, their electoral slate will not be counted by Congress on the following January 6th.
Play stupid games, win stupid prizes.
Have a very MAGA Christmas. pic.twitter.com/9ko6Q7wHzi
— Rep. Clay Higgins (@RepClayHiggins) December 22, 2023
According to section 9002 of the Internal Revenue Code of 1986, a major party is defined as having 25% or more of the popular vote in the previous presidential election, so the bill would only apply to official Republican or Democrat nominees.
If enacted, this would cut off future attempts to keep President Donald J. Trump from being on the general election ballots. He is already appealing a ruling by the Colorado Supreme Court which prevents him from being on the primary ballots due to Section 3 of the 14th Amendment regarding “insurrection,” a charge for which he has never been convicted. He was acquitted of it by the Senate during his second impeachment.
The Colorado GOP has threatened to bypass the primary and go to a caucus nomination system. If they do and if the state nominates Trump, then this bill would prevent Colorado and other states from trying to keep him off the general election ballot. States that do not comply will not have their electors counted by Congress.
Judges, attorneys, and scholars can debate the constitutional mess stirred up by all of the actions taken against Trump in recent months. For now, it’s good knowing there are some people in office who are still protecting the people’s right to vote for the person they want to represent them in the White House.
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