The Michigan Court of Appeals has rejected a request to have Republican hopeful Ryan Kelley declared not eligible to be governor under the “insurrection clause” of the US Constitution.
The request said Kelley cannot hold state or federal office because he was part of the January 6th insurrection at the US Capitol. Kelley been charged with four federal misdemeanors. But the Michigan Court of Appeals refused the case because Kelley has not been convicted.
From the order: “We express no opinion whether Kelly engaged in ‘insurrection or rebellion’ or whether Kelley is qualified to serve as a gubernatorial candidate as a result.”
The three-judge panel also said the request to have Kelley declared ineligible to be governor came too close to the August 3rd GOP primary.
The 1868 “insurrection clause” is part of the 14th Amendment and was meant to bar former confederates from holding state or federal offices.
