W.Va. GOP files brief calling for dismissal of Trump ballot removal … – Parkersburg News
Oct 4, 2023
CHARLESTON — Attorneys for the West Virginia Republican Party filed their arguments Tuesday seeking dismissal of a federal lawsuit meant to keep former Republican president Donald Trump off of the state’s ballot in 2024.
The Republican Party, represented by Virginia-based American Center for Law and Justice, filed its complaint Tuesday asking U.S. District Court Judge Irene Berger to enter a final judgment denying a request by Texas Republican presidential write-in candidate John Anthony Castro seeking a prohibition blocking Trump from being placed on West Virginia’s ballot.
Castro filed motions last month in the U.S. District Court for the Southern District of West Virginia against Trump and Secretary of State Mac Warner seeking an injunction to prevent Trump from being placed on the state’s ballot during the January 2024 candidate filing period.
He argues Trump is not qualified to run for president due to constitutional provisions that prohibit federal candidates from holding future federal offices. Castro cites Trump’s actions on Jan. 6, 2021, which resulted in a riot at the U.S. Capitol by Trump supporters attempting to stop the certification of the 2020 election for President Joe Biden.
In the filing, West Virginia Republican Executive Committee Chairwoman Elgine McArdle argued Castro’s lawsuit interferes with the state party’s ability and the ability of Republican and independent voters in the state from choosing the best person to represent them for U.S president.
“The relief sought by (Castro) in this case would have an adverse effect on the West Virginia Republican Party,” McArdle wrote. “Should the West Virginia Republican Party wish to designate Defendant President Trump as a candidate for President pursuant to its applicable rules and procedures, an adverse decision in this action impairs its ability to do so …”
McArdle also argued that any decision made in favor of Castro is a violation of the First Amendment rights of West Virginia’s voters to exercise their right to free speech by choosing the Republican candidate for president they wish.
“The relief (Castro) seeks is a restriction on (the West Virginia Republican Party’s) speech which is content and viewpoint-based and demonstrates a concerted effort to single out, intimidate, exclude, and ultimately silence (the party’s) operations, association and expression,” McCardle wrote.
Attorney General Patrick Morrisey filed a motion Monday to intervene in the lawsuit on behalf of the state. In a statement Monday, Morrisey said there are similar lawsuits in seven states with more cases expected to be filed.
“Excluding an eligible candidate from the ballot 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,” Morrisey said. “Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest.”
Last week, U.S. Magistrate Judge Omar J. Aboulhosn recommended to Berger the denial of an emergency application by Castro for a restraining order and a request for an expedited preliminary injunction and preliminary bench trial. Aboulhosn said there was no need for an emergency restraining order or a preliminary injunction this far out from the January 2024 candidate filing period.
In a statement last week, Warner said he would defend Trump’s right to be on the West Virginia ballot next year but would abide by any future rulings from the federal courts.
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