Arizona secretary of state says Trump cannot be kept off state ballot
Misty Severi
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Democratic Arizona Secretary of State Adrian Fontes claimed Wednesday that he does not have the power to keep former President Donald Trump off the ballot next year as critics argue Trump violated a constitutional amendment that would disqualify him.
Some legal scholars and critics of the former president claim Trump violated the 14th Amendment during the Jan. 6 Capitol riot. The amendment bars those who’ve taken an oath to support the Constitution from holding office again if they’ve “engaged in insurrection” against the United States or “given aid or comfort” to its enemies.
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Fontes referred to a state Supreme Court ruling last year that determined the disqualification clause of the Constitution can only be enforced through Congress.
“Does a 25-year-old get to be on the ballot in Arizona for president?” Fontes asked the Arizona Republic. “According to the logic of the Arizona Supreme Court, they do. That having been said, can the Arizona Supreme Court be overturned? If somebody brings a lawsuit? Well, any law can be overturned in a judicial action. Now, I’m not inviting someone to sue me, although it probably will end up happening.”
Fontes said he did not agree with the state Supreme Court’s ruling but that it was his job as the state’s election chief to follow the ruling anyway. Fontes claimed that under state law, someone who was born outside of the U.S. could appear as a presidential contender on the ballot, and he would not be able to stop it, even though they are disqualified under the U.S. Constitution.
The ruling came after an effort to block Reps. Andy Biggs (R-AZ), Paul Gosar (R-AZ), and secretary of state candidate Mark Finchem from being placed on the 2022 ballot over their roles in the Capitol riot. The riot attempted to block the legal certification of the 2020 election results. Some have called the riot an “insurrection,” but no Jan. 6 rioters have been charged with insurrection.
The comment comes as Republicans who oppose Trump in New Hampshire are seeking to ban him from the ballot.
Other Republicans have made similar comments pointing to disqualifying Trump from running for president. Former Arkansas Gov. Asa Hutchinson said during the first Republican National Committee debate last week that Trump was “morally disqualified” after the events of Jan. 6.
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“More people are understanding the importance of that, including conservative legal scholars,” Hutchinson said. “I’m not going to support somebody who’s been convicted of a serious felony or who is disqualified under our Constitution.”
Trump has not been convicted of any crimes, but he has four criminal cases pending against him in Florida, Georgia, Washington, D.C., and New York.