PHOENIX — Arizona Secretary of State Adrian Fontes says he doesn't have the authority to disqualify Donald Trump from being on Arizona's Presidential Preference Election ballot in March.
Over the past few months, some legal scholars have been trying to make the case that Trump is disqualified from running for President because of the 14th Amendment.
"I'm not asking for a lawsuit, but it may very well happen. If it happens, we're going to ask the courts to hurry up and make your decision," Fontes said.
The Civil War era amendment includes a clause barring someone from holding office if they took an oath to uphold the constitution and then engaged in an insurrection.
Some believe Donald Trump's indictment in the January 6th case is enough to disqualify him.
Last year, the State Supreme Court concluded the 14th Amendment gives Congress exclusive enforcement authority.
The opinion came in a failed lawsuit to keep Congressmen Andy Biggs and Paul Gosar and former State Representative Mark Finchem off the ballot in 2021 because of their alleged involvement in the January 6th insurrection.
The case was not appealed to the U.S. Supreme Court. "According to the logic the State Supreme Court uses, you can run for President. That's just absurd. I don't agree with it," Fontes said. "I don't think that will hold up if it gets analyzed by the federal court."
Since the case was not appealed, the Supreme Court opinion is final unless, or until, someone else challenges Trump's candidacy and the U.S. Supreme Court decides the matter.
Arizona's Presidential Preference Election is March 19th.
"My main interest isn't in qualifying or not qualifying. My main interest is knowing what the actual rule is," Fontes said. "Then give it to me quick so I can get on running the election."
