Lawsuit Filed to Remove Rep. Scott Perry from 2024 Primary Ballot

The lawsuit asks Pennsylvania’s Secretary of State to determine whether Rep. Scott Perry can appear on the 2024 primary ballot. Topline A Pennsylvania activist filed a lawsuit in Pennsylvania’s Commonwealth Court Tuesday to remove Rep. Scott Perry (R-Pa.) from the 2024 primary ballot, because he allegedly violated the 14th amendment insurrection clause, multiple news outlets reported–the same clause that led former President Donald Trump to be banned from Maine’s and Colorado's primary ballots. The lawsuit asks Pennsylvania’s Secretary of State to determine whether Rep. Scott Perry can appear ... [+] on the 2024 primary ballot. Key Facts Gene Stilp, a Democratic activist and former candidate for the Pennsylvania House of Representatives, filed the lawsuit Tuesday saying Perry's role in trying to stop the certification of the 2020 election should be enough to prevent him from running for office in the upcoming election, PennLive reported . Anyone who has “engaged in insurrection or rebellion” is prevented from holding office under the 14th amendment, and Stilp in his lawsuit claims Perry’s “own actions and efforts have awakened the application” of the third section of the 14th amendment, ABC affiliate WHTM reported . Stilp wants Pennsylvania's Secretary of State Al Schmidt to decide whether Perry can be on the ballot, the lawsuit says, according to the York Dispatch. Matt Beynon, Perry’s campaign spokesperson, told the York Dispatch the congressman was “focused on critical problems” facing his district and described the lawsuit as “frivolous” and “filed by a fringe activist.” Perry’s office did not immediately respond to Forbes’ request for comment. Tangent Last month, a federal judge ruled a majority of Perry's cell phone records would be handed over to special counsel Jack Smith, as part of Smith’s inquiry into Trump’s role in the attempt to overturn the 2020 presidential election. Smith’s office was given access to more than 1,600 communications found on Perry’s cell phone that could shine a light on if and how he attempted to help Trump overturn the 2020 election. The records show Perry was communicating with Trump supporters who pushed false claims about the election, including White House chief of staff Mark Meadows and Justice Department official Jeffrey Clark. Those communications were described as “proactive, persistent and protracted,” by a judge who reviewed the phone records, according to CNN. Key Background Last month, Colorado’s Supreme Court surprised many with its decision not to include Trump on the state’s 2024 primary ballot. The 4-3 ruling said that Trump was disqualified from reelection under section three of the 14th Amendment, the same clause cited in Stilp’s lawsuit. The Colorado court said Trump “engaged in” an insurrection when he incited the rioters who rushed the U.S. Capitol building on Jan. 6, 2021. Days later, the state Secretary of State Jena Griswold said Trump would remain on the ballot unless the U.S. Supreme Court said otherwise, following an appeal. One day after that announcement, Maine’s top election official removed Trump from the state’s 2024 presidential primary ballot citing the same 14th Amendment clause. The Supreme Court has not yet taken up the issue. Further Reading Trump Barred From Maine Ballot Under Insurrection Clause (Forbes) Trump To Appear On Colorado Ballot, State Says — Unless Supreme Court Rules Otherwise (Forbes)