No, write-in votes for Trump wouldn’t count in the Colorado GOP primary

UPDATE (3/4/2024): The Supreme Court on March 4 unanimously restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to ban the Republican former president over the Capitol riot. The story continues as originally published below:

Former President Donald Trump is not allowed on the state ballot in Colorado, the state Supreme Court decided on Dec. 19. 

The court ruled Trump can’t be on the ballot because of the role he played in the Jan. 6 insurrection at the U.S. Capitol. The justices determined Trump could be disqualified from serving as president again due to what’s known as the “insurrection clause,” or Section 3 of the 14th Amendment of the U.S. Constitution. 

While the case is expected to be ruled on by the U.S. Supreme Court, Trump supporters are encouraging voters to still cast their vote for Trump in Colorado’s primary as a write-in candidate. VERIFY readers Kevin and Morgan asked us if write-in votes for Trump would count in the Colorado GOP primary.

THE QUESTION

Would write-in votes for Trump count in the Colorado GOP primary?

THE SOURCES

• Colorado Supreme Court case ruling in Anderson v. Griswold
• Colorado Rev. Statute 1-7-114 on write-in votes
• Jack Todd, communications director for the Colorado Secretary of State’s Office

THE ANSWER

No, the Colorado Supreme Court ruling would not allow write-in votes for Trump in the state's GOP primary. However, the ruling has been stayed pending a U.S. Supreme Court decision.

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WHAT WE FOUND

The Colorado Supreme Court on Dec. 19 overturned a lower court’s decision and concluded that former President Trump is disqualified from appearing on the state’s primary ballot.

“We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the [Colorado] Secretary [of State Gena Griswold] to list President Trump as a candidate on the presidential primary ballot,” the ruling said. 

The ruling also bars write-in votes for Trump from being counted.

“Therefore, the Secretary may not list President Trump’s name on the 2024 presidential primary ballot, nor may she [Griswold] count any write-in votes cast for him,” the ruling says.

But the decision has been stayed until Jan. 4, 2024, a day before the state finalizes which candidates can appear on the ballot, to allow for appeals.

The ruling also says that if their order is appealed to the U.S. Supreme Court before Jan. 4, but a ruling has not been issued, the stay will remain in place until there is a decision.

“If review is sought in the Supreme Court before the stay expires, it shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court,” the ruling says. 

Jack Todd, communications director for the Colorado Secretary of State’s Office, told VERIFY if nothing happens in the case – meaning no appeal is filed or decision made by the U.S. Supreme Court – the stay in the Colorado Supreme Court Decision will expire on Jan. 4. If that happens, Trump's name will be removed from the ballot and any write-in votes for the former president will not count.

Colorado state laws on write-in votes says “a vote for a write-in candidate shall not be counted unless the candidate is qualified to hold the office for which the elector’s vote was cast.” 

Todd told VERIFY in an email that “write-in candidates have to meet the same eligibility criteria that named candidates do” and “if the Courts say he is not eligible for the ballot, that applies to both a named and write-in candidacy.”