SOS Benson says Trump will be on Michigan ballot unless court rules otherwise

Lansing — Secretary of State Jocelyn Benson says former President Donald Trump will be on Michigan's primary ballot in February unless a court intervenes and rules otherwise.

In a Wednesday column in The Washington Post, Benson, a Democrat and Michigan's top elections official, rejected the idea that she could use her power to try to keep Trump off the ballot, under the 14th Amendment of the U.S. Constitution, because of allegations he "engaged in insurrection."

Benson, who previously served as dean of the Wayne State University Law School, wrote that there's "very real value" in ensuring "voters and political parties have the choice and freedom to vote for or nominate their preferred candidate." She added that the arguments Trump should be disqualified were "far from a slam dunk."

"The appropriate forum for deciding whether a candidate qualifies to serve in office under the Constitution is thecourts — and, in a case with national implications such as this one, the Supreme Court," Benson wrote. "Though it would be best for the country if that resolution came soon, it’s not a given that the court will pronounce on it before the 2024 primary season ends."

Later in her opinion piece, Benson said, "That’s why in Michigan, unless a court rules otherwise, Donald Trump will be on the ballot for our Republican presidential primary on Feb. 27, 2024."

Last month, activist Robert Davis, who's known for filing frequent legal challenges against politicians, asked Benson to declare Trump, the front-runner for the Republican nomination for president, ineligible for Michigan ballots in 2024.

Davis of Highland Park cited the 14th Amendment, which dates back to the aftermath of the Civil War and says no one can hold office if they have previously taken an oath to support the Constitution but "engaged in insurrection or rebellion."

Some legal experts, including retired judge J. Michael Luttig and Laurence Tribe, a constitutional law professor at Harvard, have also contended the 14th Amendment should block Trump from running for president again after his efforts to overturn his loss to Democrat Joe Biden in 2020 ended in a riot at U.S Capitol on Jan. 6, 2021.

"The Constitution in Amendment 14, Section 3 forbids the former president from holding the office of the presidency again because of his conduct in and around Jan. 6, 2021," Luttig said during an appearance on MSNBC last month.

But Benson wrote that there are "serious and unresolved evidentiary and factual questions" about whether Trump engaged in conduct that should disqualify him. The questions included how much the former president influenced the events of Jan. 6, 2021, she said.

Under Michigan law, Benson and Kristina Karamo, chairwoman of the Michigan Republican Party, must develop lists of presidential candidates whose names get to appear on the Feb. 27 presidential primary ballot. The law requires Benson to include names of those "generally advocated by the national news media to be potential candidates."

Candidates appearing on either Benson's list, which is due by Nov. 10, or Karamo's list, which is due by Nov. 14, effectively get their names on the ballot without doing anything else.

Karamo told reporters on Aug. 31 that Benson wouldn't be able to keep Trump off the ballot.

"We will not stand by and see anybody blocked from the ballot," Karamo said.

cmauger@detroitnews.com