The Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s presidential primary means the former president faces a tight deadline as he prepares to fight the ruling before the U.S. Supreme Court.

Trump’s campaign already signaled that the former president would appeal, but it’s not immediately clear when.

While deciding that Trump is ineligible to appear on the state ballot, Colorado’s justices technically put their ruling on hold until Jan. 4, anticipating the U.S. Supreme court would ultimately decide the matter.

That date is crucial, as Colorado Secretary of State Jena Griswold must certify the candidates for next year’s primary on Jan. 5, 2024.

Colorado’s justices said if a review is sought in the U.S. Supreme Court before their stay expires, then the hold would remain in place, and Griswold must “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.”

Note that the requirement is “if review is sought” – which means a trigger for Griswold’s office to keep Trump on the ballot – is an appeal by Trump.

Of course, the appeal could be filed within days and the Supreme Court could rule, giving clarity to Griswold’s office, before Jan. 5. 

But what happens if the U.S. Supreme Court rules against Trump after ballots have already been printed?

Presumably, the answer is that Trump’s name would appear on the Colorado ballot – but his votes would not be counted.

That has happened before. This year, a candidate for the Denver Public Schools board withdrew from the race after the ballots have already been printed, so votes for him were counted as “undervote.

Consider these timelines for the March 5 presidential primary:

Jan. 5 is the last day for the Secretary of State to deliver the March 5 presidential primary election ballot order and content to county clerks.

Jan. 20 is the deadline for county clerks to transmit the ballot to military and overseas voters.

Feb. 2 is the day that ballots must be in possession of county clerks. 

Colorado justices who joined the majority or dissented in the decision to disqualify Trump acknowledged the gravity of the question before them.

“We do not reach these conclusions lightly,” the majority said. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

Justice Carlos Samour, who dissented, said because other states do not have the same election provisions that Colorado has, the majority’s ruling would lead to chaos.

“That, in turn, will inevitably lead to the disqualification of President Trump from the presidential primary ballot in less than all fifty states, thereby risking chaos in our country,” he said. “This can’t possibly be the outcome the framers intended.”