Thurston County judge rules against petition to remove Trump from WA presidential ballot

Former President Donald Trump will remain on Washington state’s presidential primary ballot after a ruling Thursday by a Thurston County judge.

Judge Mary Sue Wilson made the ruling in Thurston County Superior Court, determining that Secretary of State Steve Hobbs did not clearly err when placing Trump on the March 12 ballot.

“The court determines that the Secretary of State acted consistent with his duties,” Wilson said. “An order directing the Secretary of State to take different action, an order from this court, is simply not supported by the statutes Sand not supported by the affidavit of the electors.”

Wilson said the court had jurisdiction to decide the case, but state law did not contemplate fact-finding or a full evidentiary hearing on the matter. She added state law required her to decide on the challenge within five days of it being filed.

The ruling only affects the presidential primary. Wilson declined to consider a request to remove Trump from the general election ballot as well, saying that would be “premature.”

Wilson said she was dismissing the case without prejudice and left open the possibility that petitioners may try again, potentially for the general election, “when it is right.”

The hearing occurred after a group of eight Kitsap County voters filed an affidavit to challenge Trump’s eligibility on Jan. 10. Their actions followed a string of similar challenges in other states and came amid mounting legal troubles for the former president.

The group has alleged Trump and his supporters engaged in insurrection on Jan. 6, 2021, to overthrow the election of President Joe Biden, according to their affidavit. They also accused Trump of aiding and abetting those who took part in the violence through his words and financial support.

“This behavior disqualifies him from holding public office under Section 3 of the 14th Amendment of the U.S. Constitution and thereby makes him ineligible to appear on the Washington state primary ballot or the general election ballot,” the affidavit says.

The 14th Amendment prohibits anyone who has served as an “officer of the U.S.” from holding any office if they have “engaged in insurrection or rebellion.”

Washington state law allows voters to file an affidavit to challenge a person’s inclusion on the ballot in the “appropriate court.” This affidavit must be “finally disposed of by the court” no later than five days after it is filed, according to RCW 29A.68.011.

Trump has faced similar ballot challenges across the country. Most notably, the Colorado Supreme Court previously ruled Trump engaged in insurrection, disqualifying him from that state’s ballot.

These challenges will likely be resolved by the U.S. Supreme Court, which has already agreed to review the Colorado case.

In making her decision, Wilson said she reviewed the Colorado case but that situation followed different laws that allowed for a months-long process and a trial.

What arguments were made in court?

David Vogel, an attorney representing the voter group, asked the court to compel the Washington Secretary of State to remove Trump from the ballot. He argued Trump is constitutionally ineligible, and state law allows for his removal.

“Formulating a remedy, the court can use its broad powers to do what is right,” Vogel said.

Vogel said the 14th amendment is “self-executing” and the court should reference the Colorado case as well as Congressional hearings that examined the events of Jan. 6, 2021.

“The Washington statutes are not identical to the Colorado statutes, but they should be given their plain sense meaning,” Vogel said. “It is a wrongful act, to put a person who is constitutionally disqualified by the 14th Amendment on our state ballots.”

Joel Ard, an attorney representing the Washington State Republican Party, said the case should be dismissed because the Republican Party and Trump were not served a complaint.

“The state Republican Party has a protectable interest in the operation of the primary,” Ard said. “Our goal is to see that the votes of people who self-identify as Republicans are tallied.”

Ard argued RCW 29A.68.011 did not apply to a presidential primary. He said political parties decide who appears on their primary ballots and the Washington Secretary of State only had a ministerial duty in this process.

With respect to the 14th Amendment, Ard said it was not self-executing and requires a conviction in federal court to apply.

Ard also said the 14th Amendment did not apply to Trump because it excludes the president and vice president.

Trump only ever took a presidential oath of office as prescribed in Article 2 of the U.S. Constitution, Ard said. Trump never took the oath of office in Article 6 of the U.S. Constitution, which Ard said would trigger the amendment.

Secretary of State Steve Hobbs was represented by deputy solicitor generals Karl Smith and Tera Heintz. Smith said Hobbs remained neutral on whether the 14th Amendment made Trump ineligible to appear on Washington state ballots.

“Under state law, that’s not the Secretary’s call to make,” Smith said. “The Secretary has a ministerial duty to certify to the county elections officials the candidates identified by the state party chairs. Secretary of State did so in this case.”

However, Smith said Hobbs disagreed with the state Republican Party’s assertion that RCW 29A.68.011 did not apply to a presidential primary.

The voter group also filed its affidavit in Kitsap County. However, Kitsap County Superior Court Judge Jeffrey Bassett declined to consider the merits of the case on Tuesday, according to the Seattle Times.

Though the petitioners reside in Kitsap County, Bassett reportedly said the case should be heard in Thurston County where the state capital is located.

How did attendees react?

After the hearing, Vogel said simply that he is “disappointed” in the outcome.

Thurston County Auditor Mary Hall, who attended the hearing, told McClatchy that she was not surprised in the ruling because “state law is very clear.”

“The Presidential Primary is a political party function,” Hall added.

Others at the hearing were thrilled with Wilson’s decision.

An attendee wearing a red “Make America Great Again” hat who wished only to be called Mimi told McClatchy she believes the ruling is “a win for America.”

“This is the kind of thing that third-world countries do, they disappear the opponent,” she said. “Whether it’s physically disappear them or take them off a ballot.”

Mimi added that she believed the motion to remove Trump from the ballot was “frivolous” and “a waste of taxpayer’s money.”

After the hearing the Secretary of State’s office emailed a news release.

“I am grateful that Judge Wilson ruled in such a timely and well-considered fashion, and that she recognized that I and my staff have been working in full compliance with state law governing the Presidential Primary,” said Secretary Hobbs. “We will continue working with our partners in county elections offices to get all the necessary materials for this election to every Washington voter.”

The release also noted that the printing of “ballots and voters’ pamphlets for the March 12 Presidential Primary will move forward with the candidate lists submitted by both political parties.”

Trump campaign responds to ruling

In a news release Thursday, former President Trump’s campaign responded to the Thurston County ruling and said the judge made the right decision.

The release said the campaign will “remain steadfast” in their opposition to the legal challenges presented by “Democrat Party allies” to President Joe Biden.

“We believe that a fair ruling on the issues in front of the Supreme Court of the United States will ultimately put all of these unconstitutional misinterpretations of the 14th Amendment to rest, preserving American voting rights,” the release said.