Judges Dismisses Lawsuit Seeking To Disqualify Biggs, Gosar, And Finchem From Ballot

On Friday, Maricopa County Superior Court Judge Christopher Coury dismissed a case brought by a progressive group, Free Speech For People, to disqualify Arizona State Rep. Mark Finchem and U.S. Reps. Andy Biggs and Paul Gosar from appearing on the ballot.

Last month, a federal judge in North Carolina ruled against the group in the lawsuit it filed against Rep. Madison Cawthorn of North Carolina.

Judge Richard E. Myers agreed with Cawthorn that Congress in 1872 reserved for itself the power to decide who has participated in an insurrection, and that the North Carolina State Board of Elections could not make that determination in relation to Cawthorn’s candidacy, according to Cronkite News.

Judge Coury relied on that ruling. He wrote:

This Court will follow the restrained and judicious lead of the federal courts. Arizona’s election challenge framework is ill-suited for the detailed analysis of the complex constitutional, legal and factual issues presented in this case. Plaintiffs have not cited persuasive authority or presented a developed legal argument suggesting that an advisory trial in this expedited framework must occur, and the Court declines the invitation to transform this election challenge into something for which it was not intended. The request to conduct an advisory trial on an expedited basis is declined.

The progressive group,  Free Speech For People, was hoping to disqualify Finchem, Biggs, and Gosar from running for office by claiming that any involvement they had in the January 6 rally and protest at the U.S. Capitol of the 2020 election results amounted to engaging in an insurrection or rebellion.

Free Speech For People relied on a  provision of the Fourteenth Amendment which holds that elected officials who have participated in insurrection or rebellion cannot hold office in the future.

Legal expert, Ilan Wurman, an associate professor at Arizona State University’s Sandra Day O’Connor College of Law predicted the outcome. He said the progressive group’s arguments did not hold water. Wurman say that it be difficult to show that Finchem, Biggs, and Gosar actively participated in an insurrection because they “did not take up of arms against the government.”