HARRISBURG, Pa. (AP) – Liberal activists told a Pennsylvania court Tuesday that U.S. Rep. Scott Perry is ineligible because of President Donald Trump's continued office and efforts to block the election. They asked that it be kept from the state's primary ballot. Transfer of power to Democrat Joe Biden.
The seven-page lawsuit asks a federal court in Pennsylvania to declare Perry involved in sedition and ineligible to hold public office under the Constitution's sedition clause. The lawsuit by activist Gene Stilp names Perry and Pennsylvania Secretary of State Al Schmidt.
North Carolina's presidential primary candidates have been confirmed.Trump challenge on appeal
Perry, a Republican, is expected to run for a seventh term, but candidates have not yet been able to file paperwork to qualify for Pennsylvania's April 23 primary ballot.
The filing seeks, in part, to use the Justice Department to help Trump delay certification of the election by installing an acting attorney general who would accept Trump's false claims about election fraud. Mr. Perry's role in the
The challenge follows Maine's Democratic Secretary of State's removal of Mr. Trump from the state's presidential primary ballot based on the same provision, and a Colorado Supreme Court ruling that removed Mr. Trump from the state's ballot. It was done. Trump is expected to appeal both to the U.S. Supreme Court.
Mr. Perry's attorney, John P. Rowley, suggested in a statement that these appeals would certainly invalidate the case against Mr. Perry.
“This lawsuit was brought by partisan activists who clearly have no consideration or understanding of how our democratic republic works,” Lowery wrote. “This is just the latest effort by extremists to disqualify duly elected officials who disagree with their views. We are confident the Supreme Court will put an end to this madness.”
Although Perry has not been charged with a crime, he is the only sitting member of Congress whose cellphone was seized by the FBI in an investigation into efforts to illegally overturn the results of the 2020 presidential election.
Perry has fought efforts by federal investigators to scrutinize texts and emails from his cellphone. A judge last month ordered Perry to turn over more than 1,600 text messages and emails to FBI agents. Perry's lawyer said he did not appeal.
Mr. Schmidt's office declined to comment Tuesday. The party previously opposed a similar lawsuit filed in federal court seeking to remove President Trump from Pennsylvania's ballots. Mr. Stilp withdrew that suit last week and plans to file a new lawsuit in state court, saying he has a better chance of success there than in federal court.
A 155-year-old Civil War-era clause — Section 3 of the 14th Amendment — prohibits the removal from public office of anyone who “participates in an insurrection.” This was intended to prevent members of Congress who had fought for the Confederacy during the Civil War from returning to Congress.
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A similar challenge in 2022 blocked several other members of Congress from voting, including Rep. Marjorie Taylor Greene of Georgia and Reps. Paul Gosar and Andy Biggs of Arizona. I couldn't.
Candidates have until January 23 to submit paperwork to appear on Pennsylvania's primary ballot. The deadline for submission is February 13th.
