Oregon Supreme Court won’t hear, for now, voters’ challenge to Donald Trump appearing on election ballots

State's high court cites expedited hearing by U.S. Supreme Court

SALEM, Ore. (KTVZ) -- The Oregon Supreme Court declined Friday to hear, for now, a challenge by five Oregon voters (relators) seeking to preclude former President Donald J. Trump from appearing on the Oregon 2024 Republican primary and general election ballots.

Relators had asked the Court to direct the Oregon Secretary of State to disqualify Donald J. Trump based on Section 3 of the Fourteenth Amendment to the United States Constitution; in response, the secretary of state contended that she had no authority under Oregon law, at the primary election stage, to consider Mr. Trump’s qualification to serve as President.

After relators filed their challenge in the Oregon Supreme Court (as a mandamus petition), the United States Supreme Court granted certiorari in Donald J. Trump v. Norma Anderson, et al. (No. 23-719), to review a decision by the Colorado Supreme Court that had ruled on arguments made under the Fourteenth Amendment that are identical to some arguments advanced by relators.

The United States Supreme Court has set an expedited briefing and argument schedule in that case, with oral argument scheduled for February 8, 2024. Oregon’s presidential primary ballots must be finalized by March 21, 2024.

Because a decision by the United States Supreme Court regarding the Fourteenth Amendment issue may resolve one or more contentions that relators make in the Oregon proceeding, the Oregon Supreme Court denied their petition for mandamus, by order, but without prejudice to their ability to file a new petition seeking resolution of any issue that may remain following a decision by the United States Supreme Court.