LANSING (WWJ) – The Michigan Court of Appeals has rejected a request to have Republican candidate for governor Ryan Kelley declared ineligible because of his attendance at the Jan. 6, 2021 demonstration at the U.S. Capitol.
Kelley is facing misdemeanor charges in Washington and the lawsuit – filed earlier this month by Lee Estes, working with Progress Michigan – was looking to keep him off next month’s primary ballot for being “an insurrectionist.”
But the court says Kelley hasn't been convicted of anything. A lawsuit claimed the western Michigan man's participation makes him ineligible for office under the U.S. Constitution.
The 14th Amendment states that anyone who has "engaged in insurrection or rebellion" against the U.S. and has taken an oath to support the Constitution cannot hold a state office.
Judge Michael Gadola wrote Thursday that Estes "did not speedily request relief" and instead waited too close to the Aug. 2 primary.
The judge also said Estes had failed to show that he was entitled to the "extraordinary remedy" he sought.
Kelley is one of five Republican candidates set to appear on the ballot next month. He was arrested in early June when the FBI raided his home in Ottawa County. He pleaded not guilty to four misdemeanors.
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