Stephen Smith 🇺🇦
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Tossing this out as an anecdote ...

Duke v. Smith was a 1992 state court case in which several fringe presidential candidates sued to gain primary ballot access. (I worked for Agran's campaign.)

The judge ruled that a political party is like a private organization, with freedom of association, therefore it can choose whomever it wants on a primary ballot. (1/x)

casemine.com/judgement/us/5914

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Stephen Smith 🇺🇦  

This was a state court judge ruling. It was never appealed because we ran out of time (and money).

Nonetheless, I can see deciding that Colorado can't exclude Trump from a *primary* ballot due to freedom of association, because the CO GOP has that right.

But for a *general* election ballot, the circumstances might be different.

Just tossing this out as a thought experiment. (2/2)

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KGinKS 🦃  

@WordsmithFL

Agreed, an interesting experiment. The decision in Colorado is Trump is disqualified from holding the office of President. It would be a wrongful act to list Trump on a ballot for an office he cannot hold.

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peterquirk  

@KGinKS @WordsmithFL

It's also further complicated by the fact that it is semi-closed primary. Unaffiliated voters can cast votes, but Democrats can't. Only a plurality of votes is required.

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Stephen Smith 🇺🇦  

@peterquirk Interesting point about semi-closed.

The GOP is already talking about turning it into a caucus if bans from the primary. More sand for the gearbox.

@KGinKS

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