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Lawsuit aims to keep Pennsylvania congressman off ballot over Constitution’s insurrection clause

HARRISBURG, Pa. (AP) — A liberal activist asked a Pennsylvania court on Tuesday to bar U.S. Rep. Scott Perry from the state’s primary ballot, arguing that Perry isn’t eligible because of his efforts to keep President Donald Trump in office and block the transfer of power to Democrat Joe Biden.

The seven-page lawsuit asks Pennsylvania’s Commonwealth Court to declare that Perry engaged in insurrectionist activity and cannot hold public office under the Constitution’s insurrection clause. The lawsuit by activist Gene Stilp names Perry and Pennsylvania’s secretary of state, Al Schmidt.

Perry, a Republican, is expected to run for a seventh term, although candidates cannot file paperwork yet to qualify for Pennsylvania’s April 23 primary ballot.

In part, the filing cites Perry’s role in trying to use the Department of Justice to help Trump stall the certification of the election by installing an acting attorney general who would be receptive to Trump’s false claims of election fraud.

<bsp-custom-headline custom-headline=«div»> RELATED STORIES </bsp-custom-headline> <bsp-custom-headline custom-headline=«div»> Trump appeals Maine ruling barring him from ballot under the Constitution’s insurrection clause<use xlink:href="#play-icon" xmlns:xlink=«http://www.w3.org/1999/xlink»> </bsp-custom-headline> <bsp-custom-headline custom-headline=«div»> American democracy has overcome big stress tests since the 2020 election. More challenges are ahead </bsp-custom-headline>

The challenge comes on the heels of Maine’s Democratic secretary of state removing Trump from the state’s presidential primary ballot under the clause and a ruling by the Colorado Supreme Court that booted Trump from the ballot there. Trump is expected to appeal both to the

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