A lower court was wrong to keep Rep. Mark Finchem on the ballot for state secretary as well as let Congressmen Paul Gosar and Andy Biggs seek another term despite their alleged roles in the Jan. 6 Capitol riot.
Howard Fischer PHOENIX — An organization with liberal leanings is making a last-ditch effort to keep three candidates allegedly involved in the Jan. 6 riot at the U.S. Capitol off the ballot in Arizona.
People are also reading… That list, Barton said, includes the requirements in the U.S. Constitution. He said it applies to a provision of the 14th Amendment, passed in the wake of the Civil War, which denies both federal and legislative office to anyone who “shall have engaged in insurrection or rebellion” against the United States.
Much of what Barton says in the new filing with the Supreme Court is a repeat of what he told Maricopa County Superior Court Judge Christopher Coury. And he said that Biggs and Gosar helped plan the rally and promoted a plan to prevent Congress from certifying the 2020 vote. Finchem and Biggs have said nothing they did disqualifies them from running for office.
For example, he cited a 2012 federal appellate court ruling that Colorado was permitted to exclude a candidate from the ballot for the presidential election because he was a naturalized citizen and not a “natural born citizen” as the U.S. Constitution requires. Barton said the constitutional provision about those who participate in insurrection is no different. Nor does he believe it runs afoul of the ability of Congress to determine who is qualified to serve — once they are elected.
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