Donald Trump had filed a motion to have the case dismissed. But the judge says the former president is not a party to the case because it pits four Michigan voters against Secretary of State Jocelyn Benson in her role as Michigan’s top election official.
Judge James Redford says Trump’s legal filings make no argument on how the court has the authority to let him join the legal action.
Redford gave the Trump campaign until this coming Monday to file additional arguments.
The original lawsuit filed against Benson says she can’t allow Trump to appear on the ballot because his role in the January 6th Capitol riot makes him ineligible under the insurrection clause of the US Constitution.
The Michigan Republican Party did not immediately respond to a request for comment.