The New York State Board of Elections is opting to wait for the courts to rule on the eligibility of former President Donald Trump’s 2024 campaign, signaling that the board would be open to taking his name off state ballots.

In a November 3 letter, the NYSBOE informed U.S. District Judge Glenn Suddaby that the state agency is taking “no position” in the matter of Trump’s candidacy and that it will “abide by any orders of judgements of the court.”

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    In a November 3 letter, the NYSBOE informed U.S. District Judge Glenn Suddaby that the state agency is taking “no position” in the matter of Trump’s candidacy and that it will “abide by any orders of judgements of the court.”

    The lawsuit challenging Trump’s candidacy in New York is one of 27 that have been filed across the country by John Anthony Castro, a long-shot presidential candidate who argues Trump should be disqualified from running for president under the 14th Amendment because of his role in the January 6, 2021, Capitol riot.

    The constitutional clause in question bars individuals from holding public office if they have “engaged in insurrection or rebellion” against the United States.

    “The evidence shows that Castro has not campaigned in New Hampshire or elsewhere,” said U.S. District Court Judge Joseph Laplante.

    On Wednesday, the Minnesota Supreme Court ruled against a separate petition to keep Trump off the state’s primary ballot, while leaving the door open for another challenge should the former president eventually become the Republican nominee in the general election.

    “There is no state statute that prohibits a major political party from placing on the presidential nomination primary ballot, or sending delegates to the national convention supporting, a candidate who is ineligible to hold office,” the ruling states, adding that “because there is no error to correct here as to the presidential nomination primary…the petition must be dismissed.”


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