(WXYZ) — The activist group Progress Michigan says they have assisted in filing a lawsuit seeking to keep Republican gubernatorial candidate Ryan Kelley off the general election ballot because of his actions on January 6.
The suit argues Kelley violated Section 3 of the 14th Amendment to the US Constitution. That section of the amendment states:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
7 Action News has reached out to a spokesperson for the Kelley campaign for comment. We have not yet heard back.
In a statement to the Associated Press, the Michigan Republican Party noted that the lawsuit was filed by attorney Mark Brewer, former head of the state Democratic Party.
“This extreme attempt will fail and will help us elect a Republican governor to put an end to the disaster Gretchen Whitmer and Joe Biden have been for Michigan,” GOP chairman Ron Weiser said to the AP.
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.
Kelley attended the Jan. 6 insurrection at the United States Capitol, and last year he told MLive he was there but did not go through barricades and left when things started getting crazy.
In the statement of facts filed in federal court in the case against Kelley, there are dozens of photos showing a man who federal officials say is Kelley at the Capitol near a group that assaulted and pushed past law enforcement officers. In one photo, the feds say Kelley was taking a video in the crowd.
The feds also allege that Kelley climbed onto an architectural feature and around 2:05 p.m. on Jan. 6, the feds say he "used his hands to pull a covering off of a temporary structure that U.S. Capitol personnel had erected in support of a future planned event."
During a campaign stop in metro Detroit following his arrest, Kelley said no crime was committed on January 6.
“There was no crime that was committed that day on Jan. 6. Maybe the crime is doing well in the Michigan governor race,” Kelley said at the time.
The lawsuit was filed on behalf of Lee Estes, who is identified as a resident and registered voter in Oakland County. The defendants in the case are listed as Michigan Secretary of State Jocelyn Benson and the Michigan Board of Canvassers.
