Judge denies request to remove Trump from WA presidential primary ballot

Donald Trump will be on Washington’s March 12 presidential primary ballot after a Thurston County Superior Court judge on Thursday rejected a request from eight voters to kick him off.

Judge Mary Sue Wilson dismissed the legal challenge filed by the Kitsap County voters, who argued that the former president should be disqualified because he “engaged in an insurrection” and “attempted to overthrow the election of Joe Biden through violence.”

Their effort, like ones underway in other states, is based on Section 3 of the 14th Amendment of the Constitution, which disqualifies government officials who “engaged in insurrection or rebellion” from holding office.

They pinned their hopes on a provision in state law that says committing a “wrongful act” – which they contend is the insurrection – is enough reason for making a candidate ineligible.

“The court can use its broad powers to do what is right,” David Vogel, an attorney representing the voters, told the judge. “It is a wrongful act to put a person who is constitutionally disqualified by the 14th amendment on our state ballots.”

But Wilson didn’t agree. In ruling from the bench, she sided with arguments from the Attorney General’s Office that because the presidential primary is a nominating process for the Democratic and Republican parties, the placing of names on the statewide ballot is a ministerial chore carried out by Secretary of State Steve Hobbs.

She said that under state law she could only remove a name from the ballot if it was clear that the election official made an error.

“Here the court determines that the secretary of state acted consistent with his duties,” Wilson said. “An order from this court is simply not supported by the statutes and not supported by the affidavit of the electors.”

As a result, she said she was denying the request “to direct the secretary of state to remove former president Donald J. Trump’s name from presidential primary ballots.”

“We’re not surprised at the ruling,” said Frankey Ithaka of Port Orchard, who sued on behalf of voters. “Our lawyer had 24 hours to prepare. Before that, it was eight people who had no legal background.”

Ithaka said it turned out “the best way it could” because Wilson didn’t shut the door on them trying to keep Trump off Washington ballots in the November general election.

Ithaka and the others asked her to do so Thursday but Wilson declined. She said answering the question of Trump’s eligibility for the general election ballot “is premature and under legal standards potentially not yet ripe.”

That was acknowledgment that the U.S. Supreme Court in February will hear an appeal of a ruling from the Colorado Supreme Court to remove Trump’s name from that state’s primary ballot. The Colorado high court cited the provision of the 14th Amendment in disqualifying the former president.

“The judge ruled without prejudice. Which means, we can refile – and we will,” Ithaka said. “And this time we’ll file a much more comprehensive affidavit that looks more like a legal brief. So, we’ll see you at the general election.”

Washington State Republican Party Chairman Jim Walsh, who attended the hearing, called the outcome “a win for democracy.”

“Some people will say this was about Donald Trump, we say it’s about the democratic process,” Walsh said in a video posted online.

Joel Ard, the party’s attorney, said Wilson “followed the law quite accurately and the ballots are going out the way they should look.”

There will be five Republican candidates on the March 12 primary ballot: Trump, Florida Gov. Ron DeSantis, former South Carolina governor Nikki Haley, former New Jersey governor Chris Christie and investor Vivek Ramaswamy. Christie and Ramaswamy suspended their campaigns after the party submitted its list.

For Democrats, there will be three choices: President Joe Biden, Minnesota Congressman Dean Phillips and self-help author Marianne Williamson.

“I am grateful that Judge Wilson ruled in such a timely and well-considered fashion, and that she recognized that I and my staff have been working in full compliance with state law governing the Presidential Primary,” Hobbs said in a statement.

Counties must mail ballots for the primary to military and overseas voters by Jan. 27. They will be sent to voters in the state by Feb. 23, the start of the 18-day voting period.