New York has become the latest state to dispute likely GOP presidential nominee Donald Trump's eligibility for the 2024 ballot, challenging the former president's inclusion under the "insurrection clause" of the U.S. Constitution's 14th Amendment.
According to a complaint filed Tuesday night in New York Supreme Court, the objection to Trump's name being on the ballot comes from New York state Sen. Brad Hoylman-Sigal, and New York City Council members Shekar Krishnan and Gertrude Fitelson. The three Empire State lawmakers argue that Trump's role in the Jan. 6, 2021, U.S. Capitol building breach precludes him from appearing on the state's 2024 primary ballot.
"Donald J. Trump engaged in that insurrection through his personal actions before and on Jan. 6, 2021," the trio wrote, "including without limitation summoning a crowd to come to Washington, D.C., on January 6th and telling the crowd, which he knew was armed, to march to the Capitol and 'fight like hell' under 'very different rules.'"
The challenge comes just hours after the New York Board of Elections announced that Trump would appear on the Republican primary ballot in April and is similar to those launched in Colorado, Michigan and other states in recent months.
In a December letter, Hoylman-Sigal and several other state lawmakers urged the board of elections to bar Trump from New York's primary ballot. He warned of legal action in a statement on Tuesday.
"The board of elections can still uphold the United States Constitution by sustaining our objection and disqualifying Donald Trump from the presidential ballot," Hoylman-Sigal said. "Should the board of elections fail to do their duty and rule Trump ineligible, I will see them in court."
Krishnan slammed the board's decision as a "misreading of the U.S. Constitution."
"The Fourteenth Amendment to the Constitution plainly disqualifies anyone who has 'engaged in insurrection' from holding office, including former President Trump," Krishnan said. "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."
Following a December ruling from the state Supreme Court, Colorado was the first state to use the 14th Amendment to kick Trump off the ballot.
The case has made its way to the U.S. Supreme Court and justices are slated to hear oral arguments on Thursday. However they ultimately rule, the decision will likely inform other state's challenges on the matter.
In their complaint, the New York lawmakers credited the Colorado case and charged the board of elections with abiding by the Colorado Supreme Court's decision.
"Pursuant to Article IV of the U.S. Constitution, the courts of the state of New York must give full faith and credit to the judicial proceedings of the state of Colorado," they wrote. "Therefore, this board is required to adopt the judgment of the Colorado Supreme Court that Donald J. Trump is ineligible to serve as president of the United States."