Hawaii considers legislation to ban presidential candidates over 14th Amendment's insurrection clause
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A Democrat-sponsored bill in Hawaii that could ban former President Trump from the ballot for allegedly inciting the Jan. 6 riot at the U.S. Capitol advanced in the state legislature Monday.
Hawaii state Sen. Karl Rhoads, a Democrat representing Honolulu who frequently criticizes Trump and Republicans over the Jan. 6 riot online, first introduced SB 2392 last week, which aims to "specify that election ballots issued by the chief election officer or county clerk shall exclude any candidate who is disqualified under Section 3 of the 14th Amendment to the Constitution of the United States; article XVI, section 3 of the Constitution of the State of Hawaii; or another constitutional or statutory provision."
The bill does not explicitly name Trump, but Maine's Democratic Secretary of State and Colorado's Supreme Court cited the insurrection clause in barring Trump from their state ballots.
The Hawaii proposal also aims to "prohibit electors of presidential and vice presidential candidates from voting for any presidential or vice presidential nominee who has been disqualified pursuant to Section 3 of the Fourteenth Amendment to the Constitution of the United States, as determined by any federal court, or as determined by the state supreme court in an election contest" and also "seeks to stop those disqualified by a court based on the constitutional amendment from appearing on party ballots for presidential and vice-presidential nominees."
MAINE OFFICIAL APPEALS HER REMOVAL OF TRUMP FROM VOTING BALLOTS TO STATE'S TOP COURT
Republican presidential candidate former President Trump speaks at a primary election night party in Nashua, New Hampshire, Tuesday, Jan. 23, 2024. (AP Photo/Pablo Martinez Monsivais)
"The legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people," the bill says. "Any challenge to the inclusion or exclusion of any candidate on a ballot issued by the chief election officer or clerk shall be in writing and, no later than the fifty-seventh day prior to the general election, shall be filed with the appropriate district court; provided that for any challenge to the inclusion or exclusion of a presidential candidate on a general election ballot, the appropriate district court shall be the district court of the first circuit. The challenge shall provide notice in a summary manner of the grounds that give rise to the complaint. No later than the fifty-fourth day prior to the general election, the district court shall hold a hearing regarding the challenge. The district court shall assess the validity of the complaint and shall issue findings of fact and conclusions of law no later than the fifty-third day prior to the general election. The party filing the challenge shall have the burden to sustain the challenge by a preponderance of the evidence, unless a higher burden is required by constitutional law."
Rioters outside the U.S. Capitol building in Washington, D.C., Jan. 6, 2021. (Liu Jie/Xinhua via Getty Images)
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The bill passed its first reading on Monday. Trump's campaign has repeatedly categorized efforts to block him from the ballot as aiming to disenfranchise American voters.
Maine's Secretary of State Shenna Bellows, appealed a judge's ruling on Friday that put on hold her decision to remove Trump from the ballot until the U.S. Supreme Court rules on a similar case in Colorado. Bellow, a Democrat, said she also wants to ensure Maine’s highest court has the opportunity to weigh in before ballots are counted in the March 5 primaries.
Hawaii delegates support President Trump during the first day of the Republican National Convention on Aug. 24, 2020, in Charlotte, North Carolina. (CHRIS CARLSON/POOL/AFP via Getty Images)
The timelines are tight as Super Tuesday approaches. The U.S. Supreme Court is hearing arguments in the Colorado case on Feb. 8, which likely means there would not be enough time to meet statutory deadlines for Bellows to reissue a ruling on Trump's ballot status and for additional appeals to be filed before Election Day.
Lawsuits in Minnesota, Michigan, Arizona and Oregon aiming to block Trump from the 2024 ballot have already been dismissed on procedural grounds, Newsweek reported.
The Illinois State Board of Elections is also reportedly still weighing a challenge to Trump's eligibility.
The Associated Press contributed to this report.
Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to
