Howard Fischer
Capitol Media Services
Democratic Gov. Katie Hobbs says neither she, nor any other Arizona official, has the unilateral right to keep Donald Trump off the ballot for the state’s presidential preference primary based on the 14th Amendment.
That’s also the view of Republican state Sen. Ken Bennett, who served six years as secretary of state, Arizona’s chief election officer.
But Democrat Adrian Fontes, the current secretary of state, hasn’t reached a conclusion yet on whether he can decide Trump’s actions in and around Jan. 6, 2021 violate the 14th Amendment. That post-Civil War amendment bars anyone who has “engaged in insurrection or rebellion’’ against the government from holding federal office.
Fontes is actively seeking legal advice, his press aide said Thursday.
The secretary of state’s counterparts in other states have said they’re also looking for guidance.
Fontes has some time. The earliest anyone seeking to get on Arizona’s March 19 presidential preference ballot can file the necessary paperwork is Nov. 10, with a deadline of Dec. 11. Fontes must decide by Dec. 14 whose name can be on the ballot.
Hobbs, who was secretary of state until becoming governor in January, said Thursday she doesn’t see any wiggle room. “It is not up to any elected official to get involved in that,’’ she said. “It’s up to the courts.’’
She said she won’t seek judicial intervention. “I’m not going to be a part of that,’’ Hobbs said.
