Judge tosses suit challenging Trump's ballot eligibility

Jan. 12—A New Mexico federal judge on Friday dismissed a legal challenge to Donald Trump's eligibility for office based on his role in the Jan. 6, 2021, attack on the U.S. Capitol.

The judge found that the Texas man who filed the lawsuit — a long-shot Republican candidate for president — lacks legal standing to file the action in New Mexico.

John Anthony Castro petitioned the court in New Mexico and 26 other states, alleging that Trump's actions violated the insurrection clause in the 14th Amendment.

Castro said in a written response that he appealed the ruling Friday to the 10th Circuit Court of Appeals.

Castro said in his lawsuit that he intended to be formally recognized as a write-in presidential candidate on New Mexico's primary and general election ballots. He argued that Trump, "who is constitutionally ineligible to hold office," would "siphon off" votes and contributions from Castro's campaign.

U.S. District Judge Matthew Garcia wrote in his opinion that "Castro's claims of political support in New Mexico are too speculative and conjectural to merit granting him political competitor standing" to file the lawsuit.

Garcia also wrote 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 also rejected Castro's request for a temporary restraining order to block Secretary of State Maggie Toulouse Oliver from accepting Trump on a state primary or general election ballot.

The lawsuit was filed in September, naming Toulouse Oliver and Trump as defendants. Toulouse Oliver in December certified Trump and four other presidential candidates to appear on the state's June 4 primary ballots.

Garcia's 13-page opinion did not take up the substance of Castro's 14th Amendment claims.

Trump, who is represented by New Mexico attorney Mark Caruso, responded in a motion asking the judge to dismiss the case, arguing that Castro lacks standing as a legitimate presidential candidate in New Mexico.

Caruso did not immediately respond Friday to phone and email requests for comment.

Steve Pearce, chairman of the Republican Party of New Mexico, applauded Garcia's ruling Friday.

"We're pleased this attempt to disenfranchise New Mexico voters will not stand," Pearce said in a written statement.

Castro, meanwhile, was arrested this week on federal charges of preparing false tax returns for clients, according to media reports.

Prosecutors filed an indictment of the Mansfield, Texas, man under seal on Jan. 3 charging him with 33 felony counts of aiding and assisting in the preparation of fraudulent tax returns. The indictment is now public.

Two states recently made historic decisions to remove Trump from their primary ballots based on claims similar to those made by Castro that Trump is unqualified to hold office.

Both decisions were based on Section 3 of the 14th Amendment, which states that no one may "hold any office, civil or military" who previously took an oath "as an officer of the United States" to support the U.S. Constitution.

The 14th Amendment was adopted in 1868, shortly after the Civil War, in part to prevent former Confederates from holding office.

Colorado's Supreme Court disqualified Trump from that state's primary ballot on Dec. 19, making him the first candidate in U.S. history to be deemed ineligible for the presidency for engaging in an insurrection.

Trump and the Colorado Republican Party have appealed the Colorado ruling to the U.S. Supreme Court. The high court is scheduled to hold oral arguments in the case Feb. 8.

In Maine, Secretary of State Shenna Bellows disqualified Trump from that state's primary election ballot on Dec. 28 based on similar arguments.