Trump ally's bill aims to keep him on Arizona ballot as Colorado attempts to bar him
The 14th Amendment of the U.S. Constitution says a candidate who has previously taken an oath of office can be disqualified from the ballot if they participated in insurrection or rebellion against the United States.
In Arizona, it would be illegal to take such action based on claims against a presidential candidate if a bill that got its first debate Monday becomes law.
The legislation from Sen. Janae Shamp, R-Peoria, is a response to the ballot access case currently being weighed by the U.S. Supreme Court.
The high court is debating whether Colorado was within its right when it ruled last December that former President Donald Trump was disqualified for the state's 2024 presidential ballot under the insurrection clause of the Constitution.
Shamp said the Colorado decision left her incredulous, inspiring Senate Bill 1158.
“To think we’re going to keep someone off the ballot because of a perceived and not convicted crime is unheard of," Shamp said. It's "amazing," she added, that Arizona even needs to run legislation to prevent such a move.
The bill explicitly seeks to bar disqualifying presidential candidates based on "a claimed violation of the Fourteenth Amendment." Shamp was not immediately available to say how her bill would affect a presidential candidate convicted of insurrection.
Sen. Priya Sundareshan, D-Tucson, argued there is no requirement that a candidate be convicted of insurrection. The legislation, she said, appears to rebuff the constitutional guidance.
“I'm seeing an attempt to go around the 14th Amendment of the U.S. Constitution," Sundareshan said.
But the Senate Elections Committee saw it differently and voted 5-2 along party lines to pass the bill. Republicans favored the bill, which now moves to a vote of the full Senate.
The bill might not be necessary. Secretary of State Adrian Fontes last fall pointed to a state law that requires his office to qualify any presidential candidate if he or she has already been certified by at least two other states.
Arizona had its own short-lived episode with the Disqualification Clause of the 14th Amendment this election cycle.
Presidential candidate John Anthony Castro sued in U.S. District Court, arguing Trump should be barred from the 2024 ballot in Arizona due to the insurrection provision. His case was dismissed.
At the same time, Castro had a similar complaint in the federal courts in Florida. He lost, and was unsuccessful in his attempt to get the U.S. Supreme Court to take it up.
Reach the reporter at [email protected] or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.
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This article originally appeared on Arizona Republic: Arizona couldn't use 14th Amendment to bar candidates under GOP bill
