GOP lawmakers move to keep Trump on Arizona ballot whatever the courts rule

PHOENIX — Legislative Republicans are moving to keep Donald Trump on the Arizona ballot, no matter what the courts say about whether he’s disqualified from running for president.

SB 1158, approved this week by the GOP-led state Senate on a party-line vote, would spell out in Arizona law that a presidential nominee from any recognized political party cannot be excluded or removed from the general election ballot “on the basis of a claimed violation of the 14th Amendment of the United States Constitution.’’ That’s the provision that bars federal office to anyone who has “engaged in insurrection’’ against the federal government or “given aid or comfort to the enemies thereof.’’

Sen. Janae Shamp, a Republican from Surprise, said it’s a simple matter of fairness and protecting against what she called “lawfare’’ — the use of the courts for political purposes — so that “political fanatics’’ can’t override voters’ ability to choose who they want.

Shamp isn’t acting in a vacuum. She noted that her measure comes as the U.S. Supreme Court is reviewing a Colorado Supreme Court ruling that Trump was disqualified from having his name on that state’s primary election ballot. The nation’s high court has yet to rule.

But Shamp said this isn’t partisan.

“It very well could happen in the state of Arizona against any other presidential candidate as well,’’ she said.

“We should be standing to make sure the people are heard,’’ Shamp said. “And when the people put forward a nominee, political games should not have any interference.’’

Sen. Priya Sundareshan, however, said what Shamp wants to do “is override the U.S. Constitution.’’’

“I’m seeing an attempt to go around the 14th Amendment,’’ said the Tucson Democrat. “I don’t think that is appropriate for our state to do.’’

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Sen. Justine Wadsack, R-Tucson, said the problem with attempts to use the 14th Amendment to determine who is qualified to run for office is that no one has been convicted of having violated the constitutional provision.

Sundareshan said that’s irrelevant. “I don’t believe the 14th Amendment requires a conviction,’’ she said.

Sen. Wendy Rogers, R-Flagstaff, who chairs the Senate Elections Committee which first heard the measure, shut down that debate.

“We’re not going to try to figure out arcane legal matters with this,’’ she said.

Wadsack called the effort to keep Trump off the ballot “just absurd.”

The measure now needs action by the House.

Even if approved there, it will be Democratic Gov. Katie Hobbs who gets the last word. There was no immediate comment from the governor on whether she would sign or veto such a measure.