Activists who want to see Trump disqualified based on this clause claim that the then-president’s actions in the period before the attack on the Capitol, on January 6, 2021, constitute participation in an insurrection. They argue that Trump’s lies about how Democrats stole the election emboldened the mob that stormed the Capitol that day.
Attempts were made to have Trump removed from the primary ballots in some states based on this amendment, “which was originally used to prevent secessionists from returning to their government positions after the American Civil War,” explains journalist Brandon Conradis, editor of political news website The Hill.
But in March 2024, the Supreme Court struck down one of these attempts in Colorado, on the grounds that it is not states that have the authority to block people from running for federal office, but Congress.
That decision nullified similar attempts in other states. As Congress is divided, with Republicans having a majority in the House of Representatives and Democrats having a majority of just one seat in the Senate, it seems unlikely that Trump will be prevented from running by resorting to the 14th Amendment.
Will Trump be able to vote if convicted?
Probably not. Trump’s voter registration is in Florida, where convicts cannot vote.