Colorado GOP Unveils 'Caucus' Loophole After State Supremes Boot Trump From Ballot

In response to the Colorado Supreme Court's decision to bar former President Donald Trump from appearing on state ballots, the Colorado Republican Party has trotted out a loophole - whereby they'll switch from a primary ballot system to a caucus system.

In response to candidate Vivek Ramaswamy's threat to pull out of the Colorado GOP primary ballot until Trump is allowed back on, the Colorado Republican Party responded: "You won't have to because we will withdraw from the Primary as a Party and convert to a pure caucus system if this is allowed to stand."

You won't have to because we will withdraw from the Primary as a Party and convert to a pure caucus system if this is allowed to stand.

— Colorado Republican Party (@cologop) December 20, 2023

Difference between a primary and a caucus

A primary is a state-level election in which voters pick a candidate to run in the general election, whereas a caucus system is essentially a local meeting where a party's registered members from a city, town, or country vote for their preferred candidate - which in this case would allow them to bypass the primary ballot issue regarding Trump.

The GOP members can then elect Trump for the 2024 race, according to the Epoch Times, which adds;

The Colorado Supreme Court’s ruling to bar President Trump from the state ballot makes Colorado the first and only state to take such an action.

The decision was based on an interpretation of the 14th Amendment of the U.S. Constitution which prohibits individuals who have engaged in “insurrection” from taking public office.

The ruling overturned an earlier decision by a district court which found President Trump incited an insurrection due to his alleged involvement in the Jan. 6 breach but said he could not be barred from ballots. The district court argued that it was unclear whether the 14th Amendment would apply in such a situation.

There have been sustained efforts to keep President Trump off the ballot in other states as well citing the 14th Amendment. None have succeeded until the recent Colorado verdict.

Justice Brian D. Boatright pointed out that the 14th Amendment’s Section 3 provision “was not enacted to decide whether a candidate engaged in insurrection … In my view, this cause of action should have been dismissed.”

Justice Maria E. Berkenkotter disagreed that Colorado’s election laws give state courts the authority to decide whether a candidate can appear in a presidential primary ballot under the 14th Amendment’s Section 3 clause.

She insisted that the state legislature did not confer such power to the court, which would make the ruling an error.

Trump campaign spokesperson Steven Cheung called the Colorado Supreme Court decision a “flawed” one and said they will “swiftly file” an appeal against the ruling in the U.S. Supreme Court. “We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” he said.

The Colorado court’s decision has been stayed until Jan. 4 “pending any review by the U.S. Supreme Court.” If the U.S. Supreme Court agrees to review the ruling by the date, Colorado will be required to allow President Trump’s name in the primary ballot. Otherwise, he would be removed.