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West Virginia AG asks to dismiss Donald Trump ballot-removal lawsuit

The lawsuit contends Trump should not be on the ballot of either the primary or general election.

Published: October 12, 2023 11:00pm

(The Center Square) -

West Virginia’s Attorney General Patrick Morrisey wants a federal court to throw out a lawsuit attempting to remove Donald Trump from the ballot in the state.

The lawsuit from John Anthony Castro claims Trump provided aid or comfort for an insurrection in violation of the 14th Amendment, saying that Section 3 of the amendment deems Trump ineligible to run. Morrisey filed a motion to dismiss Thursday.

Morrisey said the lawsuit attempts to apply a “Civil-War-era, anti-Confederate provision” to Trump and the question is purely political.

“We need to protect the integrity of our elections, and frivolous lawsuits like this undermine the right of the citizens to choose who they want to represent them in every level of government,” Morrisey said.

The lawsuit contends Trump should not be on the ballot of either the primary or general election. Morrisey said “activists” across the country have filed similar lawsuits.

“As I have mentioned, 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,” Morrisey said. “We are not going to allow Donald Trump or any eligible candidate to be tossed off the ballot.”

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