Columns, Congress, Constitutional Law, Supreme Court

Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide

Below is my column in the New York Post on the expansion of the 14th Amendment theory to attempt to remove Republican candidates for Congress from the ballots. Dozens of Democratic members have already called for the disqualification of up to 126 Republican colleagues under the same sweeping theory. These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court.

Here is the column:

As the decisions disqualifying former President Donald Trump from the 2024 election work their way through the courts, a new filing in Pennsylvania seeks the same “ballot cleansing” by barring Repubfenablican Rep. Scott Perry.

It’s only the latest effort targeting congressional candidates as Democrats seek to bar opponents as “insurrectionists” for questioning the election of President Biden.

We have become a nation of Madame Defarges — eagerly knitting names of those to be subject to arbitrary justice.

Former congressional candidate Gene Stilp, who’s previously made headlines by burning MAGA flags with swastikas outside courthouses, filed the challenge.

Using the 14th Amendment to disqualify candidates like Perry is consistent with Stilp’s signature flag-burning stunts.

But what’s chilling is how many support such efforts, including Democratic officeholders from Maine’s Secretary of State to dozens of members of Congress.

Rep. Bill Pascrell (D-NJ) sought to bar 126 members of Congress under the same theory for challenging the election before Jan. 6, 2021.

Similar legislation from Rep. Cori Bush (D-Mo.) to disqualify members got 63 co-sponsors, all Democrats, including New York Reps. Alexandria Ocasio-Cortez, Jamaal Bowman and Ritchie Torres and “Squad” members Ilhan Omar of Minnesota and Rashida Tlaib of Michigan.

When Maine’s secretary of state disqualified Trump, three in the state’s congressional delegation — Sens. Angus King (I) and Susan Collins (R) and Rep. Jared Golden (D) — condemned the decision. But others supported the antidemocratic action.

The grounds were virtually identical to those of Stilp. He accuses Perry of supporting challenges to Biden’s election and opposing its certification.

Of course, he ignores Democratic members who sought to block certification of Republican presidents under the very same law with no factual or legal basis.

Former Speaker Nancy Pelosi (D-Calif.) and Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) praised the effort then-Sen. Barbara Boxer (D-Calif.) organized to challenge the certification of President George W. Bush’s 2004 re-election.

Jan. 6 committee head Bennie Thompson (D-Miss.) voted to challenge it in the House.

Rep. Jamie Raskin (D-Md.) sought to block certification of the 2016 election result — particularly ironic since he’s a leading voice calling for Trump to be disqualified.

He insisted last week on CNN that the effort to prevent citizens from voting for Trump is the very embodiment of democracy: “If you think about it, of all of the forms of disqualification that we have, the one that disqualifies people for engaging in insurrection is the most democratic because it’s the one where people choose themselves to be disqualified.”

That is akin to treating every criminal charge as a consensual act of incarceration because the accused chose his path in life.

This is also being played out in state races.

The filing against Perry came the same day Pennsylvania Democratic state Sen. Art Haywood made public a complaint to the Senate Ethics Committee against his Republican colleague Doug Mastriano accusing him of playing a role in the plot to overturn the election.

Notably, in his effort to “hold insurrectionists accountable,” Haywood admitted he relied on the same evidence from Citizens for Responsibility and Ethics in Washington that was used in the Colorado case.

“Insurrectionist” is the newest label to excuse any abuse.

During the McCarthy period, individuals were accused of being Communists or “fellow travelers.”

Now you have Stilp accusing Perry of being “supportive of insurrectionists.”

Democrats and pundits have claimed civil libertarians and journalists who have testified against the government’s growing censorship efforts are enablers of  insurrectionists and even “Putin lovers.”

These Democratic members and activists vividly demonstrated the dangerous implications of this unfounded theory.

Figures like Stilp are wrong on the law but right about one thing: There are few real limits once you embrace this theory.

If the challenges work, there is no reason they can’t be used unilaterally against any candidate (and without any criminal charges, let alone convictions).

It is instantly both self-executing and self-satisfying. It would put the world’s most successful democracy on a slippery slope to political chaos.

That is why the Supreme Court needs to take up this issue and put this pernicious theory to bed once and for all.

Until the court rejects this antidemocratic ploy, activists eager to win elections through the courts will keep using it, and it will metastasize throughout our body politic.

With the support of elected officials across the country, they can then join Stilp in moving from burning flags to torching the Constitution in a fit of exhilarating rage.

Jonathan Turley is an attorney and professor at George Washington University Law School.

328 thoughts on “Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide”

  1. I have always held that these prog/left dems have more in common with your average islamic jihadist than anything. They are creating a “Gaza” of destruction in order to eliminate ANY opposition to their utter control of everything. There is only one defense against such unholy fanaticism.

  2. Wiseoldlawyer wrote about the Russian Hoax being the true insurrection and WOL was 100% right. When you actually have the sitting president, the sitting VP, the SOS and the Intelligence Community and the Justice Dept working in concert (along with the media) you have a real threat to our “Democracy”.

    Did the CIA kill Kennedy? Was Deep Throat, a member of the FBI, working for the Swamp? Was the State Department involved with the CHAIRMAN OF THE INTELLIGENCE COMMITTEE, Adam Schiff, in trying to impeach and remove Trump? That is 3 presidents in my life time that have been, or have possibly been, attacked by members of the Intelligence Community, the Justice Department and the media.

    Of course Kennedy was beloved by the media, so his case may be either a different animal or not a conspiracy like Nixon and Trump.

    Nixon and Trump were the two most hated presidents in the last 100 years, maybe ever except for Lincoln, and the powers that be took or tried to take them both out. As for Trump, they are still taking him out through Garland and the various SOROS staff members.

  3. “Dozens of Democratic members . . .”

    One monomaniacal power-luster is behind all of these purges: Obama. He is the de facto head of the D party. His training as a “community activist” (steeped in Alinsky) is now writ large. He was the first anti-American president. And is now the first anti-American former president.

  4. On the way to a slippery slope. JT that happened after 9/11. Jr Bush got surveillance thru and Obama took spying to another level. Another level is everyone. Ramped up after he got his head handed to him in mid terms in 2010 when he head of IRS move into the WH. Trump had no idea what was going on ad ndidnt want to know because if he looked at someones tax return he would have been impeached and in super max long ago. Then there is good old Joe sicking the FBI on his enemies. JT on the way is a joke. We are long past that. I know you are losing your Limousine Liberal handle but you ned to call this out much louder. We are about to lose our country if that fossil and his members of the KKK win again. He will need 4000 mules this time and Zuck and Fink spending a billion to get out the vote.

  5. This has been brewing for some time, but now the gloves come off. We are witnessing treachery and a coordinated attack against this nation, its tenants and its citizens.

    1. Democrats need to think about what will happen if Republicans decide to play a little tit for tat. The are more R State A.G.s, they have more trifecta control of government and more State Supreme Courts that lean Conservative. Biden could find himself off of a bunch of Swing state ballots……. especially when there is no need for conviction if you go by the Dems new standard.

      1. @Buddy

        That presumption is based on the tule of law standing. What makes you think that is guaranteed? The dems are pulling every trick to ensure no dissenters even have the opportunity, party affiliation is not a consideration. If nothing else, this all creates enough chaos for them to continue their chicanery at least through the election. SCOTUS needs to shut it down quickly and as definitively as possible. We all need to stop pretending our checks and balances mean anything whatsoever to the modern DNC. They don’t care. This is all rapidly leaving the territory of a ‘soft’ coup.

  6. “. . . it will metastasize throughout our body politic.” (JT)

    Here’s the handy thing about 14.3. It also disqualifies on the grounds of “rebellion.”

    So any D who supported, or who did not openly condemn, the “summer of love” riots gave aid and comfort to a rebellion. Goodbye those D’s.

    Any D who supports blind, open immigration is guilty of rebellion. Goodbye the entire party.

    Any D who supports alphabet agency censorship, or censorship by proxy, engages in rebellion against 1A. Goodbye all those D bureaucrats and law enforcement officials.

    Any D judge or SoS who uses 14.3 to disqualify a candidate rebels against the American principle of “consent of the governed.”

    Any D district of attorney or AG or police chief who coddles criminals engages in rebellion against the rule of law.

    All that’s needed now is a judge or bureaucrat to decree: Yep. That’s a rebellion. You’re off the ballot. After all, 14.3 is “self-executing.”

  7. Patience. The real insurrection has yet to happen. Visit a local gun dealer or shooting range. They look like ‘Black Friday’ at Walmart. Semper Paratus is the watchword there. That’s why the Democrats want our guns.

  8. While I’m not in favor of removing people from ballots without convictions. Turley makes it seem as if Perry was totally uninvolved in an illegal scheme to overturn the election using fake electors. There has been more under oath testimony against Perry than against Trump. If he actually obeys a recent order to turn over his text messages (he’s alresdy ignored subpoenas) his role will become more clear.

    https://www.bbc.com/news/world-us-canada-67782120

    1. They are called ALTERNATE electors, the appointment of which is absolutely legal, but then why would the BRITISH Broadcasting Corporation understand our electoral system?

      1. No, they signed the certificate as the true electors. They were fake electors, and that’s why they’re being investigated and indicted.

      2. Some of them called themselves “fake electors” until someone realized how bad it sounded. You can find the same information from dozens of sources besides the BBC if you weren’t either lazy or obtuse.

  9. remind me why China PAID the Bidens? Why Soros picks DAs that are lawless

    Soros and his son should be jailed for conspiracy to commit TREASON!

  10. Like Fascist through history!
    Democrats are fighting a Civil Was to Destroy America
    Time to abolish the Democrat Party….2 Civil Wars is 2 TOO MANY

  11. They scream about “Democracy” but they won’t let voters decide as they should in a “Democracy”.

    I have serious doubts we will have an election in November 2024. I’m not alone in that opinion.

    Communist NEVER voluntarily surrender power. Democrats have gone Full Red Guard. The Republic has been dead for sometime.

    Mark it down. The Remedy for tyranny is the 2nd Amendment. NO ONE is disarming ” We the People “. NO ONE!

    700 million guns in the hands of citizens and billions of round of ammo.

    This will not end well.

    1. The president person in US history not to accept and respect the results of them losing an election was Trump.

  12. Maybe the new “woke” Democrat party is now the vanguard of the proletariat? Of course those evil, sexist, racist, homophobic, Nazi Republicans should be banned.

    Did I miss a slur s@@tlibs?

    antonio

  14. If Putin is afraid to keep fighting Ukraine, then
    he will certainly be afraid to fight NATO and/or the United States.
    So now is the time for NATO to act.
    The Russians will run away like a pack of hyenas who
    are afraid of the lions that have arrived on the scene.

    1. The Russians couldn’t even invade and occupy the barony of Vulgaria if they wanted to.

    2. @Anonymous Putin in not afraid. He’s the moderate. Russia has more nukes and superior missile technology. We can’t find or track there submarines.

      Fools like you are taking us to nuclear annihilation.

      My guess you’ve never been “boots on the ground”.

  15. Leftists remind me of Communists; recall how they took over Hungary in the 50s-same game plan.

  16. The plan, which included pressuring local election officials, the fake EC votes that were supposed to be given to Pence, and the attack, were all aimed at preventing Biden from getting a majority of the EC votes. Then it would have gone to the House, where Trump would have “won”. The Republicans voting against counting specific states were a pre-planned part of the plot. So, yes, active participants in an attempted coup on the US Government should be disqualified under 14A.

    1. “The Plan” — exactly when was all this proved? I must have missed the court case. With that level of knowledge of detail on the planning, you must have been a member of of the conspiracy, so you must be immediately locked up to save our democracy.. The slippery slope has slid right off the deep end.

    2. , were all aimed at preventing Biden from getting a majority of the EC votes. Then it would have gone to the House, where Trump would have “won”. The Republicans voting against counting specific states were a pre-planned part of the plot. So, yes, active participants in an attempted coup on the US Government should be disqualified under 14A.

      Well at lest the leftist got it almost right.

      This plan, has been used by Democrats multiple times. Jamie Raskin executed this plan.

      the “plan” is in fact Constitutional procedure.

      Thanks Sammy for explaining how the Constitution works

      1. Fake electors is not part of the Constitution. Also the VP has zero authority to reject EC votes. Thus completely illegal.

        1. Sammy. Tell me who had the constitutional power to overturn Pence rejecting EC votes from selected states.?

          I have been asking this question since Jan 7, 2021. No one has even attempted to provide an answer. The constitution identifies who has what powers. Accepting, rejecting, EC votes is the power of the Vice President.

          1. “No one has even attempted to provide an answer.”

            You’re a liar. I’ve responded to you multiple times, pointing out that if there were a legal challenge, SCOTUS had the constitutional power to overturn Pence rejecting EC votes from selected states.

            But you can’t cope with that answer, so instead you keep lying about it.

              1. It judges WHETHER that’s an enumerated power, AND you’re a liar for claiming that no one has ever answered your question. It’s been answered multiple times. You just don’t like the answer.

          2. ” The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President”

            No where does the VP have any authority to reject EC votes. Also Congress does not have the ability to reject EC votes.

            1. Also Congress does not have the ability to reject EC votes.
              You have failed to read the roll of congress in certifying the EC Votes. This is something dems have done to every Republican President since at least Reagan.

              1. In this case, Congress = the elected Representatives and Senators. It =/= the VP. The VP’s role (note the spelling) on J6 was purely ceremonial. Which is why Pence rejected Trump’s urging that he do something unconstitutional.

  17. “. . . the expansion of the 14th Amendment theory to attempt to remove Republican candidates for Congress from the ballots.”

    As if there was ever any question that the Left’s endgame is a single-party state.

  18. “Madame Defarges” (sic — no “s”)

    Perfect analogy — from the French Revolution and its bloody use of the “National Razor.”

  19. US citizens would do well to study the French Revolution. Democrats had better tread carefully. Things can frequently spin out of control.

    1. “US citizens would do well to study the French Revolution.”

      And Stalin’s communist Russia.

      This purge would make him blush.

    2. a bit late for that
      Democrats NOW openly CHEAT on EVERY election! EVERY SINGLE ONE by 20%

  20. The biggest insurrection in US history was the Russia Hoax, which attempted to overthrow the duly elected US government. Every Democrat (and RINO) who participated in it, supported it openly or by silence, and/or lied to promote it, must be forever disqualified from public office under the 14th Amendment.

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