Trump asks a court to prevent Michigan secretary of state from leaving his name off the 2024 ballot
FILE - Republican presidential candidate and former President Donald Trump speaks at an annual leadership meeting of the Republican Jewish Coalition, Oct. 28, 2023, in Las Vegas. In a filing made Monday, Oct. 30, Trump is asking a court to prevent Michigan Secretary of State Jocelyn Benson from leaving his name off the 2024 primary ballot.
FILE - Jocelyn Benson, Michigan secretary of state, testifies as the Senate Judiciary Committee hears from election officials and Justice Department officials about the rise in threats toward elected leaders and election workers, Aug. 3, 2022, at the Capitol in Washington. In a filing made Monday, Oct. 30, 2023, former President Donald Trump is asking a court to prevent Benson from leaving his name off the 2024 primary ballot.
LANSING, Mich. (AP) 鈥� Former President Donald Trump is asking a court to prevent Michigan Secretary of State Jocelyn Benson from leaving his name off the 2024 primary ballot.
In a filing made Monday in the Michigan Court of Claims, Trump鈥檚 attorneys also want the court to declare that Benson has neither the duty nor authority to assess Trump鈥檚 constitutional qualifications to serve as president.
Trump鈥檚 filing is in response to efforts by activists in Michigan who have asked a judge to order Benson to keep his name off any ballot for president. They point to a section of the U.S. Constitution鈥檚 14th Amendment that prohibits a person from running for federal office if they have engaged in insurrection or rebellion against the U.S. or given aid or comfort to those who have.
Last week, a Court of Claims judge denied Trump鈥檚 request to dismiss their lawsuit, the Detroit Free Press reported.
The activists鈥� efforts mirror others around the nation that paint Trump as the inciter of the Jan. 6, 2021, attack on the U.S. Capitol, which was intended to stop Congress from certifying Joe Biden鈥檚 2020 presidential election win.
A lawsuit in Colorado also is focusing on the Constitution鈥檚 鈥渋nsurrection鈥� clause to bar Trump from that state鈥檚 2024 ballot. Lawyers representing six Republican and unaffiliated Colorado voters argue that Trump鈥檚 violent rhetoric preceding the attack makes him culpable.
A hearing also is scheduled this week before the Minnesota Supreme Court.
Monday鈥檚 Michigan filing by Trump called the events of Jan. 6, 2021 鈥渁 riot.鈥�
鈥淭hey were not an 鈥榠nsurrection鈥� for purposes of section three of the Fourteenth Amendment,鈥� Trump鈥檚 lawyers wrote. 鈥淭hey did not amount to levying war against the United States. Even if the events of January 6, 2021, could constitute an 鈥榠nsurrection鈥� (they do not), President Trump did not 鈥榚ngage鈥� in it. 鈥楨ngaging鈥� requires some level of active participation. Inaction is not sufficient.鈥�
Trump is considered the leading candidate for the 2024 Republican presidential nomination.
鈥淒espite President Trump鈥檚 tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him,鈥� according to Trump鈥檚 Michigan filing. 鈥淭o accomplish this, they want the secretary of state to violate her duties and exercise powers she does not have to keep President Trump鈥檚 name off of the ballot. And they want to use this court as a vehicle to do it.鈥�
Benson鈥檚 office said Tuesday that it could not comment on pending litigation.