SALT LAKE CITY — A federal lawsuit filed against Utah's top elections officer seeks to keep Donald Trump off the 2024 ballot in the state.
John Anthony Castro, who is running for the Republican nomination for president himself, filed the lawsuit in U.S. District Court in Salt Lake City against Trump and Lt. Governor Deidre Henderson. Castro, who lives in Texas, is representing himself in the litigation.
The lawsuit argues Trump should be disqualified from appearing on the ballot because of his role in the January 6 insurrection and the 14th Amendment. Castro and others are testing similar lawsuits in other states arguing that Trump's role would bar him from seeking office. The 14th Amendment disqualifies candidates who engage in insurrection or rebellion against the Constitution after previously taking an oath to uphold it. The novel legal theory has been floated by some scholars — conservative and liberal — but is yet untested.
"The United States Constitution conferred onto individuals like Plaintiff John Anthony Castro with the right to not have to politically compete with someone that either engaged in or merely provided aid or comfort to an insurrection or insurrectionists. This is a new constitutional right not previously recognized by the federal judiciary," Castro wrote in his lawsuit filed in Utah.
Lt. Gov. Henderson's office declined to comment to FOX 13 News on the lawsuit. Trump has not yet filed any paperwork with her office seeking to appear on the ballot in Utah. The Utah Republican Party has opted not to participate in a primary election next year, instead conducting a "preference poll" similar to what it did in 2016.
