The Arizona Republican Party (AZGOP) filed a Motion to Intervene on Wednesday defending against a lawsuit that is attempting to keep Donald Trump off the ballot for president in Arizona. John Anthony Castro, a third-party presidential candidate, has been filing lawsuits in various states claiming Trump is not qualified due to the 14th Amendment.
The 40-year-old Republican’s lawsuits against Trump state, “Section 3 of the 14th Amendment creates an implied cause of action for a fellow candidate to obtain relief for a political competitive injury by challenging another candidate’s constitutional eligibility on the grounds that they engaged in or provided ‘aid or comfort’ to an insurrection.”
The 14th Amendment prohibits those who have “engaged in insurrection or rebellion against” the Constitution to hold various offices including that of president.
Castro filed the complaint in Arizona on September 5, asking the court for an injunction to stop Trump from being placed on the ballot. The court has not yet ruled on the motion and the AZGOP intervened before the deadline passed to respond.
Castro sued Democratic Secretary of State Adrian Fontes, but the AZGOP believes Fontes will put up only a weak defense. Nor does the AZGOP believe Trump himself can defend against the lawsuit adequately. Fontes “is colored by his Democratic background” and seeks to uphold “the executive branch’s interpretation of existing state law,” said attorney Dennis Wilenchik in the pleading.
Fontes has said he has no choice in the matter, state law provides that any candidate who files the minimum 500 signatures and who is on the ballot in at least two other states is automatically placed on the ballot.
Trump’s focus is on the 2024 presidential preference election only, whereas the AZGOP “is interested in safeguarding fair and fully participatory Arizona Republican primaries and presidential preference elections for many years beyond the impending 2024 election cycle,” Wilenchik argued. Consequently, “it is evident they will not adequately represent the AZGOP’s interest in this litigation,” the motion said.
