An Arizona judge dismissed a lawsuit Friday that sought to bar three Republicans from appearing on the November ballot because they took part in the rally at the White House Ellipse on Jan. 6, 2021, before the Capitol riot.
Maricopa County Superior Court Judge Christopher Coury determined the plaintiffs did not have the grounds to sue in the case as they requested but refrained from ruling on the merits of their allegations.
“Congress has not created a civil private right of action to allow a citizen to enforce the Disqualification Clause by having a person declared to be ‘not qualified’ to hold public office,” Coury wrote. “This ruling neither validates nor disproves Plaintiffs’ allegations against the Candidates. The Court expressly is not reaching the merits of the factual allegations in this case.”
The lawsuit was brought forth by lawyers from a voting rights group who contended Rep. Paul Gosar, Rep. Andy Biggs, and state Rep. Mark Finchem should be prohibited from running because they violated Section 3 of the 14th Amendment. The provision bars elected officials in Congress from engaging in an insurrection or rebellion.
Neither of the three individuals is known to have participated in the Jan. 6 riot at the Capitol, but the lawsuit claimed they advocated to overthrow the United States government and cited their presence or involvement in the preceding rally as evidence.
Similar lawsuits have targeted key Republican figures such as Georgia Rep. Marjorie Taylor Greene, who gave testimony Friday in a case aimed at taking her off the ballot for similar reasons. Some activists in North Carolina have tried to get Rep. Madison Cawthorn booted from the ballot as well, but a judge tossed out a major case in that venture last month.
Gosar noted the case against Greene when he took a victory lap on Twitter following Coury’s dismissal. Both Gosar and Biggs are running for reelection in the House during the midterm elections. Finchem is running to become Arizona’s secretary of state.
In his ruling, Coury included a footnote that emphasized that Gosar and fellow defendants could be subject to future legal scrutiny for their involvement in the events of Jan. 6.
“To be clear, it is a mistake to conclude that the Court is opining that the Candidates’ involvement in the events of January 6, 2021, never can be subject to any judicial review. This decision should not be misconstrued in this way,” he wrote. “Irrespective of this decision, there ultimately will be a different trial for each Candidate: one decided by Arizona voters who will have the final voice about whether each Candidate should, or should not, serve in elective office.”
Reporting from The Washington Examiner.
