PHOENIX (AP) – Lawyers representing two Republican lawmakers and a GOP State House member vying for Arizona’s top electoral official asked a Phoenix judge on Wednesday to dismiss cases arguing that they will not be eligible to run for election. November elections. elections. 6, 2021, a demonstration in Washington that ended in an unprecedented attack on Congress.
The lawsuits filed on behalf of several Arizona voters calling for the disqualification of MPs Paul Gossar and Andy Biggs and state representative Mark Finchham say they are not eligible to run because they participated in the aalsa. They cited the Part 14 Amendment to the United States Constitution Activated after the Civil War.
But their lawyers told Maricopa County Supreme Court Judge Christopher Curry that he should have dropped the case. Jack Wilenchick, Finnchem’s attorney, said there is no enforcement mechanism on this amendment unless Congress passes one or has a trial.
“There is no provision in Congress that would allow a state court to try a person under the third part of the 14th amendment,” Vilenchik al Kur said.
He said the change was aimed at the Confederacy’s main and most influential heroes who were rebels.
“It’s a very specific and limited goal,” Vilenchik said.
Attorney Alexander Collodin, representing Gossar, said the lawsuit disregards the rights to free speech in the First Amendment and the Arizona Constitution. And he said that in order for the 14th amendment to apply there must be a minimum crime.
“I would point out at the outset that it is absurd to claim that a current U.S. Congressman supported the overthrow of the U.S. government,” Colodin said.
Corey Langhofer, Biggs’ attorney, said the court’s allegations of planning events like a rally because he knew it would lead to a riot were incorrect.
“Planning a demonstration and planning a riot is very different,” Langhofer said.
Jim Burton, an attorney representing voters trying to prevent the three lawmakers from attending the polls, said his clients did not claim to have committed a crime.
“We’re arguing that they’re involved in something, they’re involved in something, it’s an uprising against the U.S. federal government and it’s aimed at the core work of the U.S. constitution,” Barton said.
The rally, in which former President Donald Trump spoke and encouraged attendees to march on the Capitol, resulted in deadly clashes as protesters were forced to enter Congress, confirming President Joe Biden’s 2020 victory.
Curie took the matter under advice and must quickly decide whether to drop the case. Otherwise, a three-day trial is scheduled for next week. Whoever loses must appeal directly to the Arizona Supreme Court under laws that expedite election challenges.
Source: Huffpost
