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Court of Appeals dismisses lawsuit asking to keep Ryan Kelley off the general election ballot

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(WXYZ) — Ryan Kelley will remain on the GOP gubernatorial ballot -- despite his arrest connected to the January 6th insurrection.

A lawsuit had argued that Kelley was ineligible to run due to his arrest.

The Michigan Court of Appeals denied the complaint saying it was filed too close to the August 2nd primary.

The judge noted the court expresses no opinion on whether Kelley engaged in insurrection or if he's qualified to serve as a candidate.

The activist group Progress Michigan assisted in filing the lawsuit seeking to keep Kelley off the general election ballot because of his actions on January 6. The suit argued Kelley violated Section 3 of the 14th Amendment to the US Constitution.

Kelley has been charged with knowingly entering or remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, knowingly engaging in any act of physical violence against person or property in any restricted building or grounds, and willfully injury or commit any depredation against any property of the United States. The charges are all misdemeanors.

Kelley was arrested by the FBI in June. He has pleaded not guilty.