Judge rejects lawsuit to keep Trump off New Mexico ballot

Scott Wyland, The Santa Fe New Mexican
·2 min read
5

Jan. 13—A federal judge has dismissed a lawsuit that argued former President Donald Trump should be barred from the New Mexico ballot because he led an insurrection on the U.S. Capitol, disqualifying him under the 14th Amendment.

Judge Matthew Garcia rejected John Anthony Castro's claim he was a viable presidential candidate in New Mexico, which would give him legal standing as a political competitor to challenge Trump's eligibility to run in this state.

"He [Castro] has offered no concrete proof of campaign operations within the state or contributions from New Mexico voters," Garcia wrote in his opinion issued Friday. "Castro has not committed to being a ballot-placed primary candidate or a write-in candidate. The facts ... as they exist now show that Castro is neither truly 'competing' with President Trump for the New Mexico Republican primary candidacy nor will he be concretely injured by President Trump's presence on the ballot."

Garcia noted Castro, who's based in Texas, has filed similar legal actions that were rejected in other states.

Castro immediately filed an appeal Friday.

He filed the lawsuit in September aiming to compel New Mexico Secretary of State Maggie Toulouse Oliver to exclude Trump from the ballot.

The 14th Amendment states anyone who has sworn an oath to uphold the Constitution and then engaged in a rebellion or insurrection against the U.S. or aided the enemy cannot hold office. The amendment was added after the Civil War and used several times to prevent ex-Confederates from taking office.

Castro contends Trump violated these provisions when a mob of his supporters attacked the U.S. Capitol on Jan. 6, 2020, making him unfit to be a presidential candidate.

"The only remaining question is whether the federal judiciary has the courage to do the right thing," Castro says in his suit.

The Colorado Supreme Court and the Maine secretary of state have decided to keep Trump off the primary ballot in those states, although this is being challenged in court.