Photo by Saiyna Bashir, The Capital Times

A federal judge has dismissed a lawsuit seeking to keep U.S. Sen. Ron Johnson and U.S. Reps. Scott Fitzgerald and Tom Tiffany off the ballot this fall, ruling it was procedurally improper.

Ten plaintiffs accused the three Republicans of participating in an insurrection for their conduct between the November 2020 presidential election and Jan. 6, 2021, when Fitzgerald and Tiffany voted to object to counting the electoral votes of some states.

U.S. Judge Lynn Adelman, a former Dem lawmaker, ruled if there is any challenge to whether the three should be on the ballot this fall, the issue belongs before the state Elections Commission, not a federal court. Adelman wrote in Friday’s ruling the parties were trying an “end-run around the state administrative process” to open the door to things like discovery that aren’t available to them under proceedings before the state agency.

Adelman dismissed the complaint on procedural grounds and didn’t address the merits of the arguments.

The lawsuit is one of several efforts around the country targeting Republican lawmakers for their actions on Jan. 6, 2021, when Congress certified Joe Biden’s electoral college win despite a violent protest at the U.S. Capitol.

Tiffany, R-Minocqua, in a tweet called the suit frivolous.

“The dismissal of this frivolous, dark-money lawsuit is a victory for democracy and the rule of law,” he said. “It is also a rejection of the Far Left’s desperate ploy to divert attention away from their own record of total failure.”

The two attorneys who represented the 10 plaintiffs didn’t immediately return calls seeking comment.

Fitzgerald and Tiffany voted against accepting the results from two states. Meanwhile, Johnson was one of eight U.S. senators who signed an objection to counting Arizona’s electors before ultimately voting to accept them after the riot.

The 10 voters, backed by the liberal Minocqua Brewing Company Super PAC, argued the three participated in an insurrection and that prevents them from holding office under the Fourteenth Amendment, which bars anyone who has engaged in an insurrection or rebellion from serving in Congress. The provision was added to the Constitution after the Civil War to prevent congressmen who had fought for the Confederacy from returning to Congress.

Read the decision:

See Tiffany’s tweet thread:

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