OAN’s Elizabeth Volberding
4:30 PM – Wednesday, November 1, 2023
Former President Donald Trump’s attorneys have filed a lawsuit in order to counteract Michigan Secretary of State Jocelyn Benson’s refusal to put him on the ballot for the 2024 presidential primary and general elections.
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On Monday, Trump’s attorney filed a lawsuit that requests the court to declare that Benson (D-Mich.) does not have the power to decide whether Trump can be ineligible from the ballot under the 14th Amendment.
The lawsuit requests for the court to access an injunction disallowing Benson to have the ability to ban Trump from the ballot.
Additionally, the lawsuit refers to multiple national and state polls in which Trump is the leading Republican candidate for the next presidential election.
“Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him,” the lawsuit claims.
Trump’s lawsuit states that his campaign has not been provided with a response to a letter it delivered to Benson asking for confirmation that his name will appear on her list of candidates.
“The Secretary’s failure to respond is creating uncertainty, which impacts how President Trump will allocate resources,” Trump’s lawyers wrote. “This uncertainty is compounded by the fact that Secretary Benson is an active member of the opposing major political party and has publicly weighed in with her negative views of President Trump.”
The legal setbacks that were filed in Michigan seeking to withhold Trump from being listed on the state’s Republican primary and general election ballots cite Section 3 of the 14th Amendment.
According to the 14th Amendment, it says in part that “no person shall hold any office who has engaged in insurrection or rebellion after having taken an oath to support the Constitution.”
The lawsuit alleges that Trump “violated his oath” in relation to the January 6th, 2021, breach at the United States Capitol as part of a wide attempt to overturn his election loss.
Trump’s attorneys believe that court intervention is needed so that the former president can “ensure he is included” in the approaching ballots.
“There is an actual controversy, the outcome of which will determine how President Trump and his campaign allocate their resources both in Michigan and around the country,” the lawsuit said.
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