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FOX 2 (WJBK) - It's a ballot battle as an attempt to keep the former president off the ballot in Michigan goes to court next week.
The claim revolves around Trump's alleged role in the Jan. 6 Capitol riot as political activists argue it should disqualify him from running for president.
"The Secretary of State needs get a backbone and do her job and not be scared of the radical supporters of the former president," said activist Robert Davis.
Davis doesn’t believe Trump should be allowed to appear on Michigan’s Republican Primary ballot. He is suing the Secretary of State to kick Trump off the ballot. He says it is because the former president "committed an insurrection."
FOX 2: "Who said Donald Trump committed some insurrection? You say that a lot of people say it, but no authority said it?"
"That’s not true," Davis said.
Like lawsuits in Colorado and Minnesota, Michigan courts next week will deal with whether Trump should be off the ballot because of the insurrection clause under the 14th Amendment to the US Constitution.
"Not only did he provide financial support, but he held fundraisers at his Mar-a-Lago estate as well," Davis said.
FOX 2: "Isn’t all that hearsay?"
"It isn’t hearsay when it comes out of the horse's mouth. And here, Mr. Trump, out of his own mouth. has admitted to alleged misconduct that may force him off the ballot."
More: Robert Davis suing Detroit for alleged cover-up involving Carmack, Duggan
A spokesman for Secretary of State Jocelyn Benson says that she doesn’t comment on pending litigation. But Davis received a letter from Benson’s election office essentially saying the Secretary of State doesn’t believe she has the authority to remove Donald Trump from the ballot.
FOX 2: "Are you saying that (Republican) Donald Trump and (Democrat) Jocelyn Benson are on the same page they both want Trump to be on the ballot?"
"Absolutely. She’s supporting the former president's legal position, which is absolutely absurd," Davis said.
Vance Patrick is the chair of the Oakland County Republican Party.
FOX 2: "What do you say to those people that want a judge to conduct a hearing and if it’s found that Trump did have something to do with the insurrection, he would be off the ballot?"
"As long as it's not a judge from (Washington) DC," said Patrick. "We need an impartial judge if anybody is going to do anything. And so far, we haven't seen any impartial judges.
"Charlie, it looks like they are trying to get the most popular candidate off the ballot."
On Monday, Trump filed a lawsuit in Michigan asking Benson to make sure he’s on the ballot.
"It’s quite evident that his legal counsel is unfamiliar with Michigan law," Davis said.
And that Benson and Trump both agree Trump should be on the ballot…until a judge says otherwise.
Robert Davis