OLYMPIA, Wash. — A Thurston County judge dismissed Thursday an effort to remove former President Donald Trump from the primary ballot in Washington state.
The case, led by a schoolteacher, attempted to get the case heard in Kitsap County originally. However, Kitsap County Superior Court Judge Jeffrey Bassett refused to hear the case earlier this week, suggesting instead the venue change and petitioners take the case to Olympia.
On Thursday, Thurston County Superior Court Judge Mary Sue Wilson heard arguments but ultimately dismissed the case. It will not proceed any further. The judge ruled the state's secretary of state "acted consistent with his duties" by law when designating Trump as an official candidate. The judge said any order from the court directing the secretary of state to take different action would be unlawful.
The lawsuit also asked the court to consider removing Trump from the General Election ballot. The judge said in dismissing the case that it was premature to consider his removal but said a case could be brought closer to the election.
School teacher Frankey Ithaka argued the former president participated in the Jan. 6 Capitol riot. She believes that invalidates Trump from office.
The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. Some legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.
“It’s our position that it’s the voters who need to make these decisions and not a handful of radical activists and I’m very happy I’m very encouraged that the court agreed and put aside this silly attack and is leaving it to the voters to make the decision to who they want for president,” said Republican state Rep. Jim Walsh.
Maine and Colorado previously had similar cases that ruled Trump could not appear on primary ballots in those states. Trump has appealed both rulings.
The U.S. Supreme Court agreed earlier this month to hear a case to decide whether Trump can be kept off the ballot, with arguments scheduled for early February.
In December, Colorado's Supreme Court ruled 4-3 that Trump should not be on the Republican primary ballot. This was the first time the 14th Amendment was used to bar a presidential contender from the ballot.
Trump is separately appealing to the state court a ruling by Maine’s Democratic secretary of state, Shenna Bellows, that he was ineligible to appear on that state’s ballot over his role in the Capitol attack. The Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.
Three of the nine Supreme Court justices were appointed by Trump, though they have repeatedly ruled against him in 2020 election-related lawsuits, as well as his efforts to keep documents related to Jan. 6 and his tax returns from being turned over to congressional committees.