New York May Take Donald Trump Off Ballot

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."

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.

Trump has not been charged with insurrection, but Castro points to Trump's actions to prevent a peaceful transfer of power and argues that he would suffer a personal injury from Trump's candidacy because the former president would take GOP voters and donors away from his own 2024 campaign.

Former President Donald Trump speaks to guests during a campaign event at the Orpheum Theater on October 29 in Sioux City, Iowa. The New York State Board of Elections has signaled it would be open to removing Trump from the 2024 ballot. Scott Olson/Getty Images

Castro celebrated the announcement on X, formerly Twitter, calling it "horrible news" for Trump.

"If the state is not arguing that kicking Trump off the ballot interferes with the state interest in letting voters decide, it makes it much harder for Trump to stay on the ballot since courts usually give states much more deference to their interests," Castro told Newsweek.

The NYSBOE told Newsweek it does not comment on pending litigation as part of its policy.

The developments in the New York lawsuit strike a different tone to the news that emerged from New Hampshire and Minnesota.

Last month, a federal judge dismissed Castro's efforts to remove Trump off New Hampshire's primary ballot, writing that the challenger made "no attempt to demonstrate that he is actually competing with Trump for votes and contributions."

"The evidence shows that Castro has not campaigned in New Hampshire or elsewhere," said U.S. District Court Judge Joseph Laplante. "Castro has not provided any evidence suggesting that he has voters or contributors in New Hampshire or elsewhere, or that he will benefit from voter or contributor defections from Trump to himself."

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."

Update 11/10/23 3:29 p.m. ET: This story was updated with comment from the NYSBOE.