CONCORD – Secretary of State David Scanlan said he has no intention of trying to keep former President Donald Trump’s name off the New Hampshire primary ballot because of allegations about his alleged role in the Jan. 6, 2021 riot at the U.S. Capitol.

Scanlan said he asked Attorney General John Formella to study the 14th Amendment, Section 3 of the U.S. Constitution so he will better understand it should anyone file in New Hampshire trying to keep Trump off the ballot.

The 14th Amendment prohibits people who have “engaged in insurrection or rebellion” from holding public office. 

Section 3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

 NBC news reported Tuesday that Scanlan’s office was flooded with calls from Trump supporters after false claims were made about ballot access.

“Conservative talk show host Charlie Kirk claimed the state (New Hampshire) was trying to keep Donald Trump off the primary ballot in 2024,” according to NBC.

There were also papers written by legal scholars raising the question which prompted a number of news stories.

“I do not intend to keep Trump’s name off the ballot” and never said otherwise, Scanlan said, adding the caveat as long as Trump follows the rules any candidate would need to follow.

“I have asked him (Attorney General Formella) to look into issues related to Article 14 Section 3. I want to understand them if challenges are made…

“If individuals are going to make challenges to someone’s qualifications to be on the ballot, if challenges are made I’m the one who is going to make the decision whether they are valid or not,” Scanlan said.

On Jack Heath’s The Pulse of NH radio talk show Corky Messner, a Republican who ran unsuccessfully for the U.S. Senate in 2020, said the questions raised by Section 3 need to be taken seriously.

“The reason I’m raising this” is it’s about the U.S. Constitution and it needs to be looked at and not ignored, Messner said.