I asked Google’s Bard a few questions regarding the Colorado Supreme Court’s decision to disqualify Donald Trump from that state’s ballot.

One was on how many states empower their secretary of state to decide on a candidate’s eligibility. It turns out to be only three; Colorado, Maine and New Mexico.

It’s likely that the Supreme Court of the United States will narrowly rule that only these three can approve or deny a candidate a place on the ballot because they have a state law allowing it. The ruling would thereby be upholding states’ rights.

Another issue is standing. I’m not a lawyer, but if a state has no law requiring an official to make a determination of eligibility over the issue of the 14th Amendment, then it’s difficult to see how SCOTUS could compel a state to disqualify Trump from the ballot.

Another question was to ask when and why was C.R.S. § 1-4-1204 enacted, empowering the Colorado Secretary of State to remove “unqualified” candidates from the presidential primary ballot, including those who may have engaged in an insurrection or rebellion against the U.S. I asked because it seems incredibly prescient.

The answer is, it was passed after the 2016 election for the following reasons:

• Responding to concerns about foreign interference in elections: This followed events like the 2016 Russian interference in the U.S. presidential election, raising concerns about potential candidates supported by foreign adversaries.
• Promoting national security and protecting the integrity of the electoral process: The law aimed to prevent individuals who have demonstrated disregard for the Constitution and democratic principles from holding office.
• Addressing perceived shortcomings in existing eligibility requirements: At the time, existing federal and state laws regarding candidate qualifications were seen as lacking teeth, particularly in regards to potential threats from individuals who haven’t held federal office before.

For exactly the same reasons that motivated Colorado, the Connecticut state legislature ought to consider a similar statute, though it’s too late for the November 2024 ballot.

Vincent Arguibau lives in Darien.