W.Va. GOP fighting lawsuit trying to keep Trump off 2024 ballot
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WHEELING - A Texas politician wants to mess with West Virginia's 2024 election and keep former President Donald Trump off the state's ballot next year, but the West Virginia Republican Party chair has vowed to protect the interests of the state's voters.
WVGOP chair Elgine McArdle, also an attorney, has joined with the conservative American Center for Law and Justice as its local counsel. The move to partner with a licensed lawyer in West Virginia allows the ACLJ to pursue legal action in the state against filings by John Anthony Castro of Mansfield, Texas - himself a Republican presidential candidate and tax consultant.
Earlier this month, Castro filed suit in the U.S. District Court for the Southern District of West Virginia against West Virginia Secretary of State Mac Warner and Trump in an attempt to disqualify Trump from appearing on the 2024 presidential election ballot in West Virginia based on accusations of insurrection against him stemming from Jan. 6, 2021, activities.
McArdle reports that on Tuesday she filed a motion with the federal court requesting the WV GOP intervene in the case in West Virginia. Additionally, a complaint was filed against Castro, asking for his case to be dismissed.
Castro has filed similar litigation in Florida, New Hampshire, Arizona, Maine, Oklahoma, Pennsylvania, Idaho, Kansas, Nevada, South Carolina, North Carolina, New Mexico, Montana, Massachusetts, Utah and Connecticut. The case he filed in Florida already has been dismissed there.
"It's all part of the same leftist mentality - if you can't beat them on the ballot, keep them off of the ballot," McArdle said. "They have targeted red states where Trump will win. He is rising in the polls while (President Joe) Biden is falling by the wayside for a variety of reasons, and they want to keep him (Trump) off the ballot ... but the party will fight to keep him on the ballot."
She questions whether Castro has legal standing to file suit in West Virginia and other states.
"He is not directly affected by what happens in West Virginia, though we could say he ultimately would be affected," McArdle explained.
She said the West Virginia Republican Party "is the real party of interest" who is affected in the case.
"We have not been named as a party yet. But clearly, the West Virginia Republican Party is the entity who determines (which Republican presidential candidates) get placed on the ballot for candidacy, and the delegates who will attend the Republican National Convention," McArdle continued.
"Long after President Trump is or is not on a ballot for this election, this case has long lasting ramifications. You just can't file lawsuits to keep a candidate off the ballot."
She explained any time an attorney from out of state wants to practice in West Virginia, the attorney has to associate with local counsel who is licensed in the state. She has been retained as local counsel by the ACLJ.
McArdle added that she now is required to be present at all legal proceedings pertaining to the case in West Virginia, and is the counsel who will sign off on any pleadings.
"I'm the state chair and an attorney and I will defend West Virginia to the hilt," she said.
Warner responded to the lawsuit in a statement Wednesday afternoon.
"Every eligible candidate, including Donald Trump, has the constitutional right to have their name on West Virginia's Primary Election ballot unless legally disqualified," Warner said. "Seeking to remove voters' opportunity to nominate a candidate to be the next President of the United States is not to be taken lightly. As West Virginia's chief election official, every eligible candidate and registered voter can trust that I will follow and enforce the Constitution."
Former West Virginia Senate President Jeff Kessler, D-Marshall - also an attorney - believes Castro does have a right to file a legal complaint against Trump based on the 14th Amendment and insurrection allegations, though he admits winning the case would be difficult in the Mountain State.
"(Trump) has been charged, but not convicted - but he was doing all he could on Jan. 6 to get the election overturned," Kessler said. "(Castro) has a right to file the suit.
"We'll see if it holds water, but it won't be successful here... I do think his actions make him ineligible to be a presidential candidate, and I'm not the only one."
"The obvious obstruction of justice by Democrats across the United States" is not lost on voters, noted U.S. Rep. Carol Miller, R-West Virginia.
"Donald Trump is the frontrunner to be the Republican nominee for President of the United States," she said. "Democrats are terrified of having a candidate who will represent the American people, not Washington politicians. This latest attempt to strip West Virginians of their right to vote for who they want for President is shameful and I will not stand for it. I applaud the West Virginia Republican Party and the American Center for Law and Justice for challenging this egregious lawsuit and I am confident President Trump will be on the ballot in 2024."