It's an 'open question' if Trump can be barred from running in AZ: elections chief

Arizona Secretary of State Adrian Fontes has reportedly acknowledged that under state law, former President Donald Trump cannot be removed from the ballot simply on the basis of being involved in insurrection.

However, that may not be the whole story, he said on The Gaggle, the political podcast of The Arizona Republic.

"Fontes said the question is not settled, at least as far as he is concerned," reported Mary Jo Pitzl. "'It's still an open question,' he said Wednesday. 'Arizona law is not the only law we have,' he said, anticipating it could be changed in what he is certain will be litigation challenging the effect of the Disqualification Clause in any decision he might make."

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The Disqualification Clause is a provision of the 14th Amendment that states anyone who "engaged in insurrection or rebellion ... or (gave) aid or comfort to the enemies thereof" is disqualified from federal office.

The right-wing Arizona Supreme Court recently heard cases challenging Reps. Andy Biggs and Paul Gosar, as well as failed GOP Secretary of State candidate Mark Finchem, on the grounds they supported efforts to overturn the 2020 election. The justices decided only Congress has the power to enforce the Disqualification Clause, not the Secretary of State. However, argued Fontes on The Gaggle, this is an extreme and "stupid" interpretation of the Constitution — under this logic, someone obviously unqualified for office could run, like a noncitizen, and he would have no power to keep them off the ballot.

Arizona was a major focus of Trump's efforts to overturn the election. It was one of several states that saw a slate of fake electors, and Trump's allies in the state Senate funded a private, partisan "audit" of the vote that failed to find any rigging but did result in legal action against the auditors. The state attorney general is criminally investigating the plot to block the Arizona certification, in a case that could theoretically lead to charges like those recently filed against Trump and his associates in Georgia.