Community activist Robert Davis on Wednesday filed a second lawsuit aimed at removing former President Donald Trump from the primary election ballot, this time targeting Wayne County.
Davis argues that Trump is barred from appearing on the county's ballot because he violated the U.S. Constitution when he engaged in an insurrection on Jan. 6, 2021. His lawsuits cite Section 3 of the 14th Amendment, which prevents those who “engaged in insurrection or rebellion” against the U.S. from holding office.
In his latest lawsuit, Davis argues that the Wayne County Election Commission, which is tasked with printing official ballots in the county, has a “legal duty” to remove Trump from the ballot in Wayne, the largest county in Michigan.
The three-member commission, which includes the Wayne County treasurer, clerk, and chief probate judge, would “violate their constitutional oath of office” if they allowed a ballot to include the name of a candidate who is constitutionally disqualified from running for office, according to the lawsuit, which was filed in Wayne County Circuit Court.
The commission has already informed Davis that its members do not plan to make “any independent determinations as to whether” Trump should appear on the ballot, according to the suit.
Davis says he is disappointed with the commission, calling its members “spineless.”
“You have Democratic, elected officials who say one thing publicly, but when they are confronted with doing their duty, they are afraid,” Davis tells Metro Times. “And it is readily apparent that you have elected officials who are afraid of the former president and his radical supporters. So rather than being subjected to protests, they’re simply saying, ‘Nope, let the court decide.’ That’s very cowardly.”
On Sept. 15, Davis also filed a lawsuit in the Michigan Court of Claims after Secretary of State Jocelyn Benson declined his request to remove Trump the primary election ballot in Michigan. Benson argued she didn’t have the authority to decide whether Trump is eligible.
Davis’s lawsuit contends Benson is “constitutionally obligated to determine whether a presidential candidate is eligible” to run for office.
Similar lawsuits have been filed in Florida, Colorado, and Minnesota. But Davis’s latest lawsuit is unique because it targets a local municipality.
“What many people fail to realize is the secretary of state has no authority whatsoever over printing ballots,” Davis says. “Election commissions have a separate statutory legal duty under Michigan law to make independent determination as to whether candidates have been properly certified by the secretary of state. Because the secretary of state stated publicly that she is refusing to fulfill her constitutional duty, there also needs to be clarification as to the duties of the various election commissions. They could vacate the decision by the secretary of state, per law.”
Davis argues that Trump cannot be certified because the U.S. Constitution makes him ineligible to hold office.
Metro Times could not reach members of the commission for comment.
A recent University of Pennsylvania Law Review article by two members of the conservative Federalist Society concluded that the 14th Amendment automatically bars Trump from running.
“It can and should be enforced by every official, state or federal, who judges qualifications,” they wrote.
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