Lawsuit Seeks to Boot GOP Michigan Gubernatorial Candidate From the Ballot Over Jan. 6 Arrest
A Michigan man has filed a lawsuit against Republican gubernatorial candidate Ryan Kelley aiming to prevent Kelley from appearing on the ballot in November over his alleged participation in the Jan. 6 Capitol breach.
Kelley is already on the ballot for the Aug. 2 primary and is considered the frontrunner to win the Republican nomination to challenge incumbent Gov. Gretchen Whitmer in the November general election.
The lawsuit (pdf) was filed in the Michigan Court of Appeals on July 14 by Michigan resident Lee Estes, with the support of the Democratic advocacy organization Progress Michigan.
Kelley was arrested on June 9 and charged with four misdemeanor offenses related to the Capitol breach on Jan. 6, 2021, according to court documents (pdf).
The charges include knowingly entering or remaining in a restricted area without lawful authority, disorderly conduct, knowingly engaging in physical violence in a restricted area, and willfully injuring or committing depredation against federal government property.
He has pleaded not guilty to the charges.
The lawsuit filed on June 14 states that Kelley’s participation in the events of Jan. 6 makes him “ineligible to serve as a candidate for Governor for the State of Michigan,” adding that he presents a “clear and present danger to democracy in Michigan.”
The lawsuit cites section three of the 14th Amendment, which prohibits individuals who have “engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof” from serving as a senator or representative in Congress, an elector of the president and vice president, or any other position in government.
The lawsuit also cites an oath to “support the Constitution of the United States,” which Kelley took in 2019 when he was appointed to his local planning commission.
Kelley Remains Top Candidate
In the suit, Estes asks Michigan Secretary of State Jocelyn Benson, a Democrat, and the Board
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