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Anderson v. Griswold

No. 23SA300, 2023 WL 8870111 (2023)

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Anderson v. Griswold

Colorado Supreme Court
No. 23SA300, 2023 WL 8870111 (2023)

Facts

President Donald Trump hosted a rally in Washington DC on January 6, 2021, the day Congress was to certify the Electoral College votes from the November 2020 presidential election. Trump alleged that the election results were fraudulent and encouraged supporters to contest them. Rally attendees, allegedly encouraged by Trump, marched on the Capitol and used force to overcome barriers and law enforcement and enter the building. The congressional session was temporarily suspended as congressmembers were evacuated to safety. Trump subsequently ran for president in the 2024 election. Some of Colorado’s electors from the Electoral College (plaintiffs) sued Colorado Secretary of State Jena Griswold (defendant), seeking an injunction preventing her from including Trump’s name on the state’s presidential-primary ballot. They argued that Trump’s inclusion was prohibited by the state election code because his involvement in the events of January 6 disqualified him from holding the presidential office under Section 3 of the Fourteenth Amendment, known as the Insurrection Clause. The trial court denied the petition, concluding that although Trump had engaged in insurrection, Section 3 did not apply to the presidential office, and Trump was therefore not disqualified. The Colorado Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Boatright, C.J.)

Dissent (Samour, J.)

Dissent (Berkenkotter, J.)

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