Lawsuit filed against Nevada secretary of state, Trump to bar him from ballot

John Castro, a Texas resident who recently filed for the state-run presidential preference primary, requested injunctive relief last month in District Court, arguing Trump cannot participate in an election because of his role in the Jan. 6 Capitol riot.

In his complaint filed last month, Castro makes a similar argument as two civil rights groups that urged Nevada Secretary of State Cisco Aguilar to bar Trump from the ballot, citing the Insurrectionist Disqualification Clause in the 14th Amendment, which disqualifies any individual who has taken an oath to uphold the U.S. Constitution and then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies.

He also argued Trump’s participation in the primary would cause him harm, as Trump would siphon away votes and fundraising from him. Trump, however, is not expected to participate in the primary.

In their Oct. 2 response, Trump’s attorneys wrote he has already affirmed his participation in the caucus, so Castro’s lawsuit “is effectively seeking to deny President Trump ballot access to a primary he will not even be participating in — the epitome of mootness.”

‘No one has ever heard of him’

The Nevada Office of the Attorney General, which is representing Aguilar, echoed those sentiments, saying Castro has not shown how he would be injured. Trump may appear on the general election ballot in November, but write-in candidates are not permitted in Nevada, so there is no proof Castro would be harmed by Trump’s participation in the general election.

The Republican presidential preference primary will only be held if two or more candidates file for the race, Trump’s attorneys argued, so it is possible the primary will not occur at all. As of Wednesday, only Castro has filed.

Trump’s attorneys also argued Castro is an obscure candidate, and his losing an election will not be due to whether or not Trump participates.

“The reason he will get no votes and no contributions — no matter who is running— is that no one has ever heard of him,” Trump’s attorneys wrote. “Certainly, he has offered no evidence, as opposed to speculation untethered to reality, to support his claim to the contrary.”

Multiple state courts have also held that secretaries of state had no power to disqualify a presidential candidate from a ballot because of the doctrine of separation of powers, his attorneys wrote.

They also argue the 14th Amendment does not apply to Trump who is not considered an “officer of the United States,” and instead is subject to the Impeachment Clause.

Castro filed similar lawsuits in several other states, including South Carolina, Arizona and Colorado. The cases have been dismissed in Maine, Pennsylvania, Utah and Oklahoma, according to court records.

Contact Jessica Hill at jehill@reviewjournal.com. Follow @jess_hillyeah on X.