By Howard Fischer
Capitol Media Services
PHOENIX -- Legislative Republicans are moving to keep Donald Trump on the Arizona ballot -- no matter what the courts say about whether he's disqualified from running for president.
SB 1158, approved Monday by the state Senate on a party-line vote, would spell out in Arizona law that a presidential nominee from any recognized political party cannot be excluded or removed from the general election ballot "on the basis of a claimed violation of the 14th Amendment of the United States Constitution.'' That's the provision that bars federal office to anyone who has "engaged in insurrection'' against the federal government or "given aid or comfort to the enemies thereof.''
Sen. Janae Shamp said it's a simple matter of fairness and protecting against what she called "lawfare'' -- the use of the courts for political purposes -- so that "political fanatics'' can't override the ability of voters to choose who they want. And the Surprise Republican said that's particularly true if people have been denied their Fifth Amendment rights to "due process.''
Shamp, however, isn't acting in a vacuum. She noted that her measure comes as the U.S. Supreme Court is reviewing a Colorado Supreme Court ruling that Trump was disqualified from having his name on that state's primary election ballot. The nation's high court has yet to rule.
But Shamp said this isn't partisan.
"It very well could happen in the state of Arizona against any other presidential candidate as well,'' she said.
"We should be standing to make sure the people are heard,'' Shamp said. "And when the people put forward a nominee, political games should not have any interference.''
Sen. Priya Sundareshan, however, said what Shamp wants to do is override the U.S. Constitution.'''
"I'm seeing an attempt to go around the 14th Amendment,'' said the Tucson Democrat. "I don't think that is appropriate for our state to do.''
Sen. Justine Wadsack, R-Tucson, said the problem with attempts to use the 14th Amendment to determine who is qualified to run for office is that no one -- and not Trump -- has been convicted by anyone of actually having violated the constitutional provision. Sundareshan said that's irrelevant.
"I don't believe the 14th Amendment requires a conviction,'' she said.
Sen. Wendy Rogers, R-Flagstaff, who chairs the Senate Elections Committee which first heard the measure, shut down that debate.
"We're not going to try to figure out arcane legal matters with this,'' she said.
Anyway, Shamp said that, based on the comments of the justices during the hearing on the Colorado case, "I think the Supreme Court has absolutely said that.''
Wadsack called the effort to keep President Trump off the ballot "just absurd,'' she said. In fact, she said, she doesn't want to kick anyone off the ballot.
"To be honest, I want President Biden to be on the ballot because every time he opens his mouth he helps our side,'' Wadsack said.
The measure now needs action by the House.
But even if approved there, it will be Gov. Katie Hobbs who gets the last word. There was no immediate comment from the governor on whether she would sign or veto such a measure.
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