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Trump sues Michigan secretary of state in order to keep his name on the 2024 ballot

The former president's lawyers claim that Jocelyn Benson, who previously said she would not disqualify Trump, had not responded to a campaign letter and is "creating uncertainty."

New York (United States), 24/10/2023.- Former US President Donald J. Trump in the courtroom as he attends his civil fraud trial in New York, New York, USA, 24 October 2023. Trump, his adult sons and the Trump family business are facing a lawsuit by the State of New York accusing them of inflating the value of assets to get favorable loans from banks. (Nueva York) EFE/EPA/MIKE SEGAR / POOL

Donald J. Trump | EFE/EPA/MIKE SEGAR

Published by
Rosana Rábago Sainz

Trump's legal team filed a lawsuit against Michigan Secretary of State Jocelyn Benson in the state's Court of Claims on Tuesday. The former president's lawyers are seeking to prevent Benson, a Democrat, from refusing to include Trump's name on the ballot for the primary and general elections scheduled for 2024 in the state.

The former president's legal team assured in the 64 page lawsuit that Benson, who previously said she would not disqualify Trump because she did not consider it part of her duties, had not responded to a campaign letter asking if the Republican primary candidate's name would appear on the Michigan ballot. By not responding, Trump's presidential campaign said that Benson was "creating uncertainty" since neither the former president nor his team know for sure if she will change her mind later:

The Secretary’s failure to respond is creating uncertainty, which impacts how President Trump will allocate resources. This uncertainty is compounded by the fact that Secretary Benson is an active member of the opposing major political party and has publicly weighed in with her negative views of President Trump.

The 14th Amendment could prevent Trump from running in the presidential elections

Michigan, NBC reports, is one of many states where legal groups and activists filed lawsuits claiming election officials should disqualify Trump.

These activist groups allege that the former president violated Section 3 of the 14th Amendment by taking part in the events of Jan. 6. This, they claim, means that Trump would not be able to run for president of the United States since the law declares any person ineligible who "has participated in insurrection or rebellion" against the Constitution that he had sworn to protect and defend.

However, Trump's legal team does not consider this argument valid. As can be seen in the lawsuit, the former president's lawyers claim that he did not participate in an "insurrection" and, therefore, there is no reason for Trump to be prevented from participating in the presidential elections:

They were not an ‘insurrection’ for purposes of section three of the Fourteenth Amendment. They did not amount to levying war against the United States. Even if the events of January 6, 2021, could constitute an ‘insurrection’ (they do not), President Trump did not ‘engage’ in it. ‘Engaging’ requires some level of active participation. Inaction is not sufficient.

Trump responds to attempts to keep him out of the election

The Republican primary candidate's legal team also assured that lawsuits like the one taking place in Colorado are nothing more than an attempt to prevent Trump from running. They say that there are people who "want to deny Michigan voters the opportunity to express their choice by voting for him":

Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him. To accomplish this, they want the secretary of state to violate her duties and exercise powers she does not have to keep President Trump’s name off of the ballot. And they want to use this court as a vehicle to do it.

Trump, who is currently the favorite to get the Republican nomination, also commented on the matter. He referenced the trial taking place in Colorado, stating that if his name is finally removed from the ballot, "there will never be a free election in America again":

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