Statement on 14th Amendment Election Law Questions

Concord, NH – Attorney General John M. Formella and Secretary of State David M. Scanlan announce the following:

Both the Secretary of State’s Office and the Attorney General’s Office are aware of public discourse regarding the potential applicability of Section Three of the Fourteenth Amendment to the United States Constitution to the upcoming presidential election cycle, including misinformation asserting or implying that the Secretary of State’s Office has already taken a position on or is seeking to take certain action with respect to Donald Trump’s candidacy for the Republican National Convention’s nomination for president in the 2024 United States Presidential Election.

Neither the Secretary of State’s Office nor the Attorney General’s Office has taken any position regarding the potential applicability of Section Three of the Fourteenth Amendment to the United States Constitution to the upcoming presidential election cycle.

The Secretary of State’s Office has requested the Attorney General’s Office to advise the Secretary of State regarding the meaning of Section Three of the Fourteenth Amendment to the United States Constitution and the provision’s potential applicability to the upcoming presidential election cycle.

The Attorney General’s Office is now carefully reviewing the legal issues involved.