A liberal activist asked a Pennsylvania court to bar U.S. Rep. Scott Perry from the state’s primary ballot, arguing that Perry isn’t eligible because of his efforts to keep President Donald Trump in office and block the transfer of power to Democrat Joe Biden
Quick Read
- Lawsuit Against Rep. Scott Perry: A liberal activist, Gene Stilp, has filed a lawsuit in Pennsylvania’s Commonwealth Court seeking to disqualify U.S. Representative Scott Perry from the state’s primary ballot. The lawsuit alleges Perry’s ineligibility based on his actions related to the 2020 presidential election.
- Insurrection Clause Argument: The lawsuit argues that Perry engaged in insurrectionist activity, thereby violating the Constitution’s insurrection clause, which prohibits individuals who have engaged in insurrection from holding public office.
- Perry’s Alleged Role in 2020 Election: The filing specifically cites Perry’s efforts to use the Department of Justice to aid then-President Donald Trump in challenging the certification of the election results and promoting false claims of election fraud.
- Context of Challenges Against Trump: This legal challenge follows actions in Maine and Colorado where Trump was removed from presidential primary ballots under the same clause. Trump is expected to appeal these decisions to the U.S. Supreme Court.
- Response from Perry’s Lawyer: Perry’s lawyer, John P. Rowley, dismissed the lawsuit as a partisan move, expressing confidence that the U.S. Supreme Court will nullify it.
- FBI Investigation of Perry: Notably, Perry is the only sitting member of Congress whose cellphone was seized by the FBI in the investigation into the efforts to overturn the 2020 presidential election results. Perry has resisted turning over texts and emails from his phone, though a judge recently ordered him to do so.
- Position of Pennsylvania’s Secretary of State: The Secretary of State, Al Schmidt, declined to comment on this specific lawsuit. His office had previously opposed a similar lawsuit seeking to remove Trump from the Pennsylvania ballot.
- Historical Basis of the Clause: The insurrection clause, part of the 14th Amendment, was created post-Civil War to prevent former Confederacy representatives from serving in Congress.
- Previous Similar Challenges: Similar efforts in 2022 to disqualify members of Congress, including Marjorie Taylor Greene, Paul Gosar, and Andy Biggs, based on the insurrection clause were unsuccessful.
- Primary Ballot Filing in Pennsylvania: Candidates for Pennsylvania’s primary ballot can file paperwork starting January 23, with a filing deadline of February 13. Perry is expected to run for a seventh term.
The Associated Press has the story
Lawsuit aims to keep PA GOP Rep. Scott Perry off ballot over Constitution’s insurrection clause
Newslooks- HARRISBURG, Pa. (AP)
A liberal activist asked a Pennsylvania court to bar U.S. Rep. Scott Perry from the state’s primary ballot, arguing that Perry isn’t eligible because of his efforts to keep President Donald Trump in office and block the transfer of power to Democrat Joe Biden.
The seven-page lawsuit asks Pennsylvania’s Commonwealth Court to declare that Perry engaged in insurrectionist activity and cannot hold public office under the Constitution’s insurrection clause. The lawsuit by activist Gene Stilp names Perry and Pennsylvania’s secretary of state, Al Schmidt.
Perry, a Republican, is expected to run for a seventh term, although candidates cannot file paperwork yet to qualify for Pennsylvania’s April 23 primary ballot.
In part, the filing cites Perry’s role in trying to use the Department of Justice to help Trump stall the certification of the election by installing an acting attorney general who would be receptive to Trump’s false claims of election fraud.
The challenge comes on the heels of Maine’s Democratic secretary of state removing Trump from the state’s presidential primary ballot under the clause and a ruling by the Colorado Supreme Court that booted Trump from the ballot there. Trump is expected to appeal both to the U.S. Supreme Court.
In a statement, Perry’s lawyer, John P. Rowley, suggested that those appeals would ensure that the lawsuit against Perry is nullified.
“This lawsuit was filed by a partisan activist who clearly has no regard or understanding of how our Democratic Republic works,” Rowley wrote. “It is but the latest effort by an extremist to disqualify a duly elected official with whom he disagrees. We are confident the Supreme Court will put an end to this lunacy.”
Perry has not been charged with a crime, although he is the only sitting member of Congress whose cellphone was seized by the FBI in its investigation into efforts to illegally overturn the results of the 2020 presidential election.
Perry has fought efforts by federal investigators to review texts and emails from his cell phone. A judge last month ordered Perry to turn over more than 1,600 texts and emails to FBI agents. Perry did not appeal it, his lawyer said.
Schmidt’s office declined comment. It previously opposed a similar lawsuit in federal court seeking to remove Trump from the ballot in Pennsylvania. Stilp last week withdrew that lawsuit, and plans to file a new lawsuit in state court, saying he has a better chance of success there than in federal court.
The 155-year-old Civil War-era clause — Section 3 of the 14th Amendment to the Constitution — bars from office those who “engaged in insurrection.” It was designed to keep representatives who had fought for the Confederacy during the Civil War from returning to Congress.
Similar challenges in 2022 failed to block several other members of Congress from ballots, including Reps. Marjorie Taylor Greene of Georgia and Paul Gosar and Andy Biggs of Arizona.
To get on Pennsylvania’s primary ballot, candidates cannot file paperwork until Jan. 23. The deadline to file is Feb. 13.
