Former President Donald Trump speaks in Clinton Township, Mich., Wednesday, Sept. 27, 2023. (AP Photo/Mike Mulholland)

WHEELING — A Texas politician wants to mess with West Virginia’s 2024 election and keep former President Donald Trump off the state ballot next year, but the West Virginia Republican Party chair has vowed to protect the interests of the state’s voters.

State Party Chairman Elgine McArdle, an attorney, has joined with the conservative American Center for Law and Justice as its local counsel. The move to partner with a licensed lawyer in West Virginia allows the ACLJ to pursue legal action in the state against filings by John Anthony Castro of Mansfield, Texas, a Republican presidential candidate and tax consultant.

Earlier this month, Castro filed suit in the U.S. District Court for the Southern District of West Virginia against West Virginia Secretary of State Mac Warner and Trump in an attempt to disqualify Trump from appearing on the 2024 presidential election ballot in West Virginia based on accusations of insurrection against him stemming from Jan. 6, 2021, activities.

“I will vigorously defend the Constitution to ensure every eligible candidate, including Donald J. Trump, has the right to seek their party’s nomination at West Virginia’s Primary Election until instructed otherwise by the court,” Warner said in a statement Wednesday afternoon.

McArdle reports that on Tuesday she filed a motion with the federal court requesting the GOP intervene in the case in West Virginia. Additionally, a complaint was filed against Castro, asking for his case to be dismissed.

Elgine McArdle

Castro has filed similar litigation in New Hampshire, Arizona, Maine, Oklahoma, Pennsylvania, Idaho, Kansas, Nevada, South Carolina, North Carolina, New Mexico, Montana, Massachusetts, Utah and Connecticut. The case he filed in Florida was dismissed.

“It’s all part of the same leftist mentality — if you can’t beat them on the ballot, keep them off of the ballot,” McArdle said. “They have targeted red states where Trump will win. He is rising in the polls while (President Joe) Biden is falling by the wayside for a variety of reasons, and they want to keep him (Trump) off the ballot … but the party will fight to keep him on the ballot.”

She questions whether Castro has legal standing to file suit in West Virginia and other states.

“He is not directly affected by what happens in West Virginia, though we could say he ultimately would be affected,” McArdle explained.

She said the West Virginia Republican Party “is the real party of interest” who is affected in the case.

John Anthony Castro

“We have not been named as a party yet. But clearly, the West Virginia Republican Party is the entity who determines (which Republican presidential candidates) get placed on the ballot for candidacy, and the delegates who will attend the Republican National Convention,” McArdle continued.

“Long after President Trump is or is not on a ballot for this election, this case has long lasting ramifications. You just can’t file lawsuits to keep a candidate off the ballot.”

She explained any time an attorney from out of state wants to practice in West Virginia, the attorney has to associate with local counsel who is licensed in the state. She has been retained as local counsel by the ACLJ.

McArdle added that she now is required to be present at all legal proceedings pertaining to the case in West Virginia, and is the counsel who will sign off on any pleadings.

“I’m the state chair and an attorney and I will defend West Virginia to the hilt,” she said.

Among those voicing support for McArdle was State Sen. Ryan Weld, R-Brooke, also an announced candidate for attorney general in 2024.

“The entire basis for Mr. Castro’s lawsuit to keep President Trump off of the ballot in West Virginia is that he clearly does not understand what a ‘direct military order’ is — which isn’t surprising given that he was previously caught lying about being a West Point graduate,” Weld said in a released statement. “In addition to the suit in our state, Castro is targeting seven other states that all overwhelmingly supported President Trump in the 2020 election. That is all you need to know in order to see this is just another political stunt by opponents of the former president.

“Castro is nothing but a fraud who believes that a West Virginia judge wouldn’t be smart enough to see through his attention-seeking scam. I applaud Chairwoman Elgine McCardle and the WVGOP for taking action to defend the rights of West Virginia voters.”

The two other candidates for attorney general also weighed in on the matter.

“West Virginia is Trump country and supports President Trump in his bid to return to the White House,” West Virginia Auditor J.B. McCuskey posted on social media. “To prevent him from appearing on the ballot, the Left has filed a lawsuit in West Virginia so you cannot vote for him. This is why I am proud to bring together the WV GOP and the ACLJ to defend your right to vote in the Mountain State.”

“They can’t beat Trump so they try to steal the election by removing his name from the ballot?,” Former U.S. Attorney Mike Stuart asked on social media. “Outrageous! We will resist!

“They fake belief in voters while attempting to remove choices from voters,” he said. “Hypocrites to the max.”

Delegate Diana Winzenreid, R-Ohio, said she supports McArdle’s initiatives.

“Nobody has the right to tamper with West Virginia’s ability to vote,” Winzenreid said. “I support Chairwoman McArdle and what she is doing for the party.”

Former West Virginia Senate President Jeff Kessler, D-Marshall, also an attorney, believes Castro does have a right to file a legal complaint against Trump based on the 14th Amendment and the insurrection clause, though he admits winning the case would be difficult in the Mountain State.

“(Trump) has been charged, but not convicted, but he was doing all he could on Jan. 6 to get the election overturned,” Kessler said. “(Castro) has a right to file the suit.

“We’ll see if it holds water, but it won’t be successful here… I do think his actions make him ineligible to be a presidential candidate, and I’m not the only one.”

“The obvious obstruction of justice by Democrats across the United States” is not lost on voters, noted U.S. Rep. Carol Miller, R-West Virginia.

“Donald Trump is the frontrunner to be the Republican nominee for President of the United States,” she said. “Democrats are terrified of having a candidate who will represent the American people, not Washington politicians. This latest attempt to strip West Virginians of their right to vote for who they want for President is shameful and I will not stand for it. I applaud the West Virginia Republican Party and the American Center for Law and Justice for challenging this egregious lawsuit and I am confident President Trump will be on the ballot in 2024.”