PHOENIX β Legislative Republicans are moving to keep Donald Trump on the Arizona ballot, no matter what the courts say about whether heβs 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 βon the basis of a claimed violation of the 14th Amendment of the United States Constitution.ββ Thatβs the provision that bars federal office to anyone who has βengaged in insurrectionββ against the federal government or βgiven aid or comfort to the enemies thereof.ββ
Sen. Janae Shamp, a Republican from Surprise, said itβs a simple matter of fairness and protecting against what she called βlawfareββ β the use of the courts for political purposes β so that βpolitical fanaticsββ canβt override votersβ ability to choose who they want.
Shamp isnβt 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 stateβs primary election ballot. The nationβs high court has yet to rule.
But Shamp said this isnβt partisan.
βIt very well could happen in the state of Arizona against any other presidential candidate as well,ββ she said.
βWe should be standing to make sure the people are heard,ββ Shamp said. βAnd when the people put forward a nominee, political games should not have any interference.ββ
Sen. Priya Sundareshan, however, said what Shamp wants to do βis override the U.S. Constitution.βββ
βIβm seeing an attempt to go around the 14th Amendment,ββ said the Tucson Democrat. βI donβt think that is appropriate for our state to do.ββ
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 thatβs irrelevant. βI donβt believe the 14th Amendment requires a conviction,ββ she said.
Sen. Wendy Rogers, R-Flagstaff, who chairs the Senate Elections Committee which first heard the measure, shut down that debate.
βWeβre not going to try to figure out arcane legal matters with this,ββ she said.
Wadsack called the effort to keep Trump off the ballot βjust absurd.β
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.