Secretary Griswold cannot breach or neglect any “duty” or commit a “wrongful act” under the Fourteenth Amendment by listing President Trump on the ballot, because section 3 merely bars individuals from holding office, not from seeking or winning election to office

In Supreme Court case "Anderson v Trump" Donald Trump claims that Colorado legislature could have intervened in Trump presidency ballot disputes only when a person “charged with a duty” under the Colorado Election Code “has committed or is about to commit a breach or neglect of duty or other wrongful act" and secretary Griswold did not commit a breach or neglect duty or other wrongful act