Shamp Leads All-Star Group to Block Trump Ballot Removal

In a bold move circumventing the potential ballot removal of Donald Trump by Democrats, Senator Janae Shamp (R-LD29) and a group of stalworth senators and representatives have successfully passed Senate Bill SB1158. The measure would update section 16-212 of the Arizona Revised Statutes to include specific language forbidding the removal of a party’s officially recognized presidential candidate for alleged violations of the 14th Amendment to the U.S. Constitution. Joining Shamp as cosponsors of the bill were Majority Leader Sonny Borrelli (R-LD30), Senators Frank Carroll (R-LD28) and David Gowan (R-LD19), and Shamp’s House district partners, Representatives Steve Montenegro and Austin Smith, both from R-29.

The bill, which amends the Arizona Revised Statutes (a compendium of laws passed by the Arizona legislature), would add specific language to Section 1, section 16-212, titled Election of presidential electors; electoral college votes; vacancy; replacement” as follows:

D. NOTWITHSTANDING ANY OTHER LAW, A CANDIDATE FOR PRESIDENT MAY NOT BE EXCLUDED OR REMOVED FROM THE GENERAL ELECTION BALLOT ON THE BASIS OF A CLAIMED VIOLATION OF THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION IF THE CANDIDATE IS ONE OF THE FOLLOWING:

1. THE OFFICIAL NOMINEE OF THE NATIONAL CONVENTION OF DELEGATES OF A POLITICAL PARTY THAT IS ENTITLED TO CONTINUED REPRESENTATION ON THE BALLOT AS PRESCRIBED BY SECTION 16-804.
2. A QUALIFIED INDEPENDENT CANDIDATE FOR PRESIDENT AS PRESCRIBED BY SECTION 16-341.
3. A QUALIFIED WRITE-IN CANDIDATE FOR PRESIDENT AS PRESCRIBED BY SECTION 16-312.

In essence, the language would legislate that Donald Trump would remain on the Arizona ballot despite any court ruling to the contrary relative to the 14th Amendment. The bill passed the Senate on a straight party-line vote. Senator Shamp expressed concerns over the continued “lawfare” threats by left-leaning opponents of the ex-President who appear willing to affect the election through court actions. She claims that the amended rules would reduce the risk of denying Trump his Fifth Amendment right to due process, referring to the fact that Trump was never convicted, much less charged with insurrection, which the 14th Amendment addresses.

Despite total Democrat opposition to the state bill, Shamp insists that the amendment is not partisan. During oral arguments over the amendment, she stated, “It very well could happen in the state of Arizona against any other presidential candidate as well. We should be standing to make sure the people are heard,” referencing the right to vote for a duly chosen party candidate. She continued, “And when the people put forward a nominee, political games should not have any interference.”

Sen. Priya Sundareshan (D-LD18) disagreed, arguing, “I’m seeing an attempt to go around the 14th Amendment. I don’t think that is appropriate for our state to do.”

When Sen. Justine Wadsack (R-LD17) reiterated that Trump had not been convicted of insurrection, Sundareshan replied, “I don’t believe the 14th Amendment requires a conviction.”

Senate Elections Committee Wendy Rogers (R-LD7) shut down that line of the argument, stating, “We’re not going to try to figure out arcane legal matters with this.” she said.

Wadsack stated that efforts to keep Trump off the ballot were “just absurd,” adding that she has no interest in removing any candidate, including President Biden, from the ballot.

Wadsacked then quipped, “To be honest, I want President Biden to be on the ballot because every time he opens his mouth, he helps our side.”

The amendment moves to the House for approval and is expected to pass along party lines. However, even approval in the lower house will not guarantee passage into law. The final amended bill would go to Governor Katie Hobbs for approval. Given her track record of vetoing politically charged legislation that passed on party-line votes, it’s unclear whether she would approve the amendment. So far, her office has remained quiet on the bill.