MADSON, Wis. ( Associated Press) — A federal judge in Milwaukee has dismissed a lawsuit seeking to ban Republican U.S. Reps Scott Fitzgerald and Tom Tiffany as well as Republican U.S. Sen. Ron Johnson from the 2022 ballot. Because he supported Donald Trump until the January 2021 riots in the US Capitol.
The Capital Times newspaper in Madison reported On Wednesday, US District Judge Lynn Edelman dismissed the case on Friday. He said the lawsuit was not “procedurally justified”.
The lawsuit alleges that three Republicans violated the “disqualification clause” of the 14th Amendment to the U.S. Constitution. This clause prohibits anyone from holding federal office who has taken an oath to defend the Constitution but is also involved in rebellion against the United States. The provision was enacted after the Civil War to prevent members of Congress from returning to Congress.
Tiffany and Fitzgerald were among 121 House Republicans who objected to Joe Biden’s presidential voter count from Arizona on January 6, 2021. Tiffany and Fitzgerald were also among 138 Republicans who objected to Biden’s Pennsylvania electorate.
Johnson was one of eight US senators who signed off on an objection to Arizona’s voter count, but he ultimately voted to accept him after a riot on the Capitol.
Ten Wisconsin citizens filed suit in March. The effort was funded by the generous Minoqua Brewing Company Super Pac. It was similar to one dismissed by a federal judge earlier that month, seeking to block US Representative Madison Cawthorne of North Carolina from seeking re-election this fall.
Edelman said the plaintiffs did not stand in federal court and that a challenge before a state election commission would be more appropriate.