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A survey conducted between December 2023 and January 2024 found that when reflecting on the events of January 6, 2021, respondents in the United States were politically divided on whether Trump's role in the events should disqualify him from running for president in 2024.

The 14th Amendment

Section 3 of the 14th Amendment of the U.S. Constitution states that any person who has been sworn into public office becomes disqualified from holding public office if at any point they have “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” Although this clause has not been employed often, it has already been applied to one member of New Mexico public office in response to their position in the January 6 U.S. Capitol attack.

In December 2023, the Colorado Supreme Court declared that Donald Trump would be removed from the state's presidential primary ballot, citing Section 3 of the 14th Amendment. Former president Trump's role in the events on January 6th, 2021 remain an extremely debated topic among Americans, drawing staunch partisan boundaries. As of early January 2024, Colorado and Maine have announced that Trump would not be on the primary ballots. Both states have historically gone to Democratic candidates in presidential elections and thus, due to the electoral system, are not critical for Trump to gain reelection in 2024. However, it remains to be seen whether other, more contentious states, follow suit.

In response to Colorado's ruling, attorneys general from 27 U.S. states filed a brief with the United States Supreme Court in an attempt to reject the ruling, arguing that it does not apply to presidents. Held on February 8, 2024, the court ruled that the states in question were not allowed to remove Trump from the ballot.