CHARLESTON, W.Va. (WOWK) — A lawsuit filed in September is seeking to keep former President Donald Trump off of West Virginia ballots by citing the 14th Amendment.
Republican primary presidential candidate John Anthony Castro, of Mansfield, TX., filed the lawsuit in the United States District Court for the Southern District of West Virginia Charleston Division.
The lawsuit cites Section 3 of the 14th Amendment, which says anyone who is a part of an insurrection cannot run for office. The suit says Trump’s alleged involvement in the Jan. 6 Capitol Riots violates that amendment.
Attorney General Patrick Morrisey (R-W.Va.) has filed a lawsuit to intervene in this lawsuit, saying that it, “deprives citizens of the choice for themselves who they want to represent them in every level of government and impedes a fair and free election process.”
This isn’t the first time this provision has been used to try to disqualify former President Trump from running in 2024; Free Speech For People has used it in Minnesota and Michigan. Other states – including Arizona, Maine, New Hampshire and Oklahoma – have seen similar suits filed.
According to the Associated Press, a suit filed in Colorado, which Trump’s attorneys say violates his free speech rights, is likely to reach the U.S. Supreme Court, which has never ruled on the provision.
The Associated Press contributed to this report.