BY THE VILLAGE SUN | Objection to the leader of the Insurrection!
On Tuesday, state Senator Brad Hoylman-Sigal and City Councilmember Shekar Krishnan filed an objection with the New York State Board of Elections to challenge Donald Trump’s eligibility for the 2024 presidential ballot. Joining them in the complaint was a third individual, Gertrude Fitelson.
New York’s Republican presidential primary will be held in less than two months from now on April 2.
Hoylman-Sigal filed a basic, one-page “General Objection Form” protesting the board’s certification of Trump for the New York primary. The form gives the ex-president’s address as the Mar-A-Lago Club in Palm Beach, Florida.
The objection, in turn, follows a letter that Hoylman-Sigal, Liz Krueger and three other state senators sent this past December to the Board of Elections arguing that Trump was disqualified from the presidency under the 14th Amendment of the U.S. Constitution due to his actions.
In January, Councilmember Krishnan also sent the elections board a letter, co-signed by a majority of the City Council, urging that Trump be excluded from the election.
Section 3 of the 14th Amendment states, “No person shall…hold any office, civil or military, under the United States…who, having previously taken an oath…as an officer of the United States…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
As the state Senator stated in his Dec. 7 letter, this “Insurrectionist Disqualification Clause” thus disqualifies Trump from the presidential ballot. Having sworn an oath to support the Constitution as an officer of the United States, Trump then “engaged” in the violent Jan. 6 insurrection. As a result, Hoylman argued, Trump is now ineligible to hold any “office…under the United States,” including the presidency, unless and until he is relieved of that disqualification by two-thirds of both chambers of Congress.
If the State Board of Elections fails to uphold the U.S. Constitution and decides to keep Trump on the ballot, Hoylman vows to file a petition with the New York State Supreme Court in Albany County appealing the board’s decision.
“The Board of Elections can still uphold the United States Constitution by sustaining our objection and disqualifying Donald Trump from the presidential ballot,” Hoylman stated. “As the Colorado State Supreme Court has already rightfully ruled, Donald Trump is disqualified from holding any elected office in the United States due to engaging in and inciting a violent insurrection in which he attempted to overturn the will of the American people while taking multiple lives. Should the Board of Elections fail to do their duty and rule Trump ineligible, I will see them in court.”
Councilmember Krishnan said, “The decision by New York State’s Board of Elections to allow Donald Trump to appear on the Republican primary ballot is a misreading of the U.S. Constitution. The 14th Amendment to the Constitution plainly disqualifies anyone who has ‘engaged in insurrection’ from holding office, including former President Trump. I am proud to file an immediate challenge to the board’s decision. Donald Trump incited, engaged in and aided the violent, deadly insurrection of Jan. 6, 2021. The Constitution he swore to uphold renders him ineligible for public office.”
Senator Hoylman-Sigal and his fellow objectors are being represented in this matter by Roger Bernstein of Bernstein & Gordon LLP and Jerry Goldfeder of Cozen O’Connor.