Texas Primer: Can Texas Remove Biden From The Ballot?

Colorado’s Supreme Court has opened something that can not be closed— if the United States Supreme Court does not intervene.

The Colorado Supreme Court’s decision to remove former President Trump from Colorado’s Republican Primary ballot by January 4th has provoked swift responses from all sides.

(READ MORE: Colorado Primer: What To Know About Trump's Removal From The Ballot)

President Trump has filed an appeal with the United States Supreme Court and other states seem ready to launch retaliatory action.

Interestingly, while the Colorado court majority ruled on ideological lines, the court was also divided by education. The four-person majority was formed by the justices educated at elite East Coast law schools including Harvard, Yale, UPenn, and UVA, while all three dissenters went to Denver Law School.

The juxtaposition of coasts versus the heartland was reflected in the responses across the country.

Immediately after the ruling, California’s Democratic Lt. Gov. Eleni Kounalakis wrote to the California Secretary of State, asking him to explore all options to remove Trump from the state’s primary ballot.

Then, Texas Lt. Governor Dan Patrick suggested Texas could take President Joe Biden off of the Lone Star State’s primary ballot.

“Seeing what happened in Colorado tonight … makes me think — except we believe in democracy in Texas — maybe we should take Joe Biden off the ballot in Texas for allowing 8 million people to cross the border since he’s been president, disrupting our state far more than anything anyone else has done in recent history,” Patrick said in an interview with Fox News anchor Laura Ingraham, last night.

Immediately, both the California and Texas Lt. Governor’s statements were embraced by online political commentators of their respective political camps.

This begs the question, could Biden really be removed from Texas’s primary ballot?

The short answer is yes— and not just Biden.

Trump was removed from Colorado’s primary ballot because the Colorado high court believed, without subpoenaing evidence or compelling witnesses, that the former president incited or led an insurrection against the United States on January 6th, 2021.

Patrick, in his statements to Ingram, signaled his belief that Biden could be guilty of leading an insurrection against the United States by allowing millions of illegal immigrants to cross the Southern Border.

Although Patrick did not cite it at the time, his case would certainly be bolstered by the fact that some of those apprehended at the border are on the terror watchlist.

If the “insurrection clause” of the 14th Amendment, which was intended to prevent former Confederate leaders from serving in federal office, can be applied to Trump without a conviction in any judicial body, then the same may apply to Biden.

Expanding the interpretation of the clause in this way could also lead to Vice President Kamala Harris’s name being struck from Texas ballots.

During the second Summer of Rage in 2020, then-Senator Harris helped fundraise for arrested BLM rioters.

Harris’s tweet came just three days after rioters burned a police station in Minneapolis, Minnesota.

Two months later, Harris maintained her support for protests, several of which included violent attacks on federal property (including a federal courthouse in Portland). Harris told Stephen Colbert in August 2020, “Beware, they [protests] are not going to stop… and they should not.”

Is this behavior similar to Trump’s in January 2021? Is it better? Worse? Identical? Wholly dissimilar?

That may be in the eye of the beholder and these are matters of opinion that have yet to be adjudicated.

—But that may not matter.

Colorado’s Court’s decision is replicable in Texas. Texas could achieve similar results through lawsuits, legislation, and other legal processes; with a case at the Texas Supreme Court being the likely result.

Should Texas do it? That too is up for debate.

However, Pandora’s box is opening. The matter of should may soon become a matter of when. It stretches credulity to believe this action in Colorado will stand without a swift response from Texas and other states.

Only the United States Supreme Court striking down Colorado’s decision can bring this to a close.

The Supreme Court has until January 4th, the last full day before certification of Colorado’s primary ballot, to act; but whether it will do so remains to be seen.

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