A Thurston County Superior court judge said Thursday that neither state law nor a petition appeared to justify removing Donald Trump's name from state party primary ballots this spring.
Judge Mary Sue Wilson's ruling came shortly after brief oral arguments in her courtroom Thursday morning. Wilson said her reading of Washington state law led her to conclude that a candidate's name can be removed from a ballot only if its placement was a mistake or was done improperly.
Secretary of State Steve Hobbs had done his job according to the law, Wilson said. She said there was no justification under the petitioners' request to strike Trump's name from party primary ballots.
“An order directing the secretary of state to take different action, an order from this court, is simply not supported by the statutes and not supported by the affidavit of the electors,” Wilson's ruling read.
The judge declined to rule on whether Trump could appear on November general election ballots, saying it was too early to decide that question. She dismissed the request without prejudice, which means someone could challenge Trump's presence on the general election ballot later this year.
In a statement released after Wilson's ruling, Washington Secretary of State Steve Hobbs said his office will move ahead on printing and mailing ballots and voter information pamphlets.
“I am grateful that Judge Wilson ruled in such a timely and well-considered fashion, and that she recognized that I and my staff have been working in full compliance with state law governing the Presidential Primary,” Hobbs said. “We will continue working with our partners in county elections offices to get all the necessary materials for this election to every Washington voter.”
The petition to remove Trump's name from primary ballots came from a group of eight Washington voters. They argued Trump's words and actions leading up to the January 6 insurrection at the U.S. Capitol, and his support for election deniers since, constituted a violation of the Fourteenth Amendment of the U.S. Constitution.
A little-tested provision of that amendment bars elected officials who "engaged in insurrection or rebellion" from holding office again. The passage has been cited in legal challenges filed in nearly three dozen states. Many of the requests have been denied or are currently being considered.
Only two states — Maine and Colorado — opted to remove Trump's name from ballots. The U.S. Supreme Court has agreed to hear the Trump campaign's appeal to the Colorado decision next month. Their ruling could decide the issue for the whole nation.
