A federal lawsuit aimed toward blocking former President Donald Trump from showing on the West Virginia electoral poll has been dismissed.
U.S. District Choose Irene Berger dominated in opposition to Texas resident John Anthony Castro’s motion, which argued that Trump shouldn’t function within the major and basic election ballots.
The lawsuit in West Virginia is likely one of the 9 lively federal instances, together with New Hampshire, Florida, Utah, Wisconsin, Michigan, and Pennsylvania, introduced by Texas resident John Anthony Castro, a self-proclaimed Republican presidential candidate.
He has filed challenges in 27 states concerning Mr. Trump’s eligibility on the poll below the 14th Modification over time, together with a case with the Supreme Courtroom, the Instances reveals.
The lawsuit was initially propelled by Part 3 of the Fourteenth Modification, suggesting that anybody who has engaged in revolt or riot is disqualified from federal workplace—a clause echoed on this week’s Colorado Supreme Courtroom resolution in opposition to Trump’s poll eligibility there.
Castro claimed that Trump’s inclusion would diminish his personal possibilities of electoral success.
Nonetheless, U.S. District Choose Irene C. Berger dismissed the case, citing an absence of proof from Castro that he had a reputable marketing campaign presence in West Virginia or that his write-in presidential marketing campaign could be harmed by Trump’s inclusion on the poll.
Berger famous that Castro had no marketing campaign workplaces, employees, or promoting in West Virginia, was not current in polling, and had minimal marketing campaign funds. The decide additionally highlighted that Castro’s lawsuits in a number of states appeared extra targeted on litigation than securing votes.
Information and Sentinel reported:
In a memorandum opinion and order launched Thursday night, U.S. District Choose Irene C. Berger granted motions made by attorneys for Trump, Secretary of State Mac Warner, and the West Virginia Republican Celebration to dismiss a lawsuit introduced in September by Texas resident and write-in presidential candidate John Anthony Castro.
Berger additionally ordered that Castro’s case be dismissed with out prejudice, which might permit Castro to probably file the case once more in the course of the candidate submitting interval in West Virginia starting Monday, Jan. 8, via Saturday, Jan. 27.
“This is a big win for the integrity of our elections,” stated Lawyer Common Patrick Morrisey in a press release Thursday night. “This lawsuit was frivolous to begin with and without merit – it had no basis in either law or fact. Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest.”
In her memorandum opinion, Berger stated that Castro’s lawsuit was disingenuous, contemplating that there have been no indicators that Castro had actively campaigned for president in West Virginia or had any marketing campaign presence within the state in any respect.
“The evidence establishes that he has no campaign offices, staff, or advertising in West Virginia, does not appear in polling, has little name recognition among West Virginia Republican primary voters, and has extremely minimal campaign funds, vastly insufficient to run an actual campaign,” Berger wrote. “If there were any question as to whether the allegations in the complaint are sufficient to overcome a facial challenge, the evidentiary submissions remove any doubt that Mr. Castro’s purported ‘campaign’ exists as a vehicle for pursuing litigation, not votes.”
The dismissal of the lawsuit in West Virginia is seen as a victory for the integrity of elections, based on statements from Lawyer Common Patrick Morrisey.
“This lawsuit was frivolous to begin with and without merit — it had no basis in either law or fact. Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest,” Morrisey stated per WVNews.
Castro criticized the ruling, saying, “West Virginia Federal Judge Irene Berger declares that I’m running for President “in bad faith” to “manufacture” standing. So if I used to be a corrupt POS operating for President to complement myself and company oligarchs, they’d discover “good faith.” However as a result of I’m operating for President primarily based on my rules, they’re saying it’s in “bad faith.” Our system is past corrupt.””
West Virginia Federal Choose Irene Berger declares that I’m operating for President “in bad faith” to “manufacture” standing.
So if I used to be a corrupt POS operating for President to complement myself and company oligarchs, they’d discover “good faith.”
However as a result of I’m operating for President… pic.twitter.com/RiLq2JRX1T
— John Anthony Castro (@realJohnACastro) December 21, 2023
