LANSING, Mich. (AP) — The Michigan Court of Appeals on Thursday rejected a request to have a Republican candidate for governor declared ineligible because of his attendance at the 2021 riot at the U.S. Capitol.

Michigan Republican gubernatorial candidate Ryan Kelley speaks to a reporter after a March for Medical Freedom event hosted by Informed Choice Michigan in Lansing, Michigan, U.S., June 15, 2022. REUTERS/Emily Elconin

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Ryan Kelley is facing misdemeanor charges in Washington. But the court, in a 3-0 order, noted that he hasn’t been convicted of anything.

lawsuit claimed the western Michigan man’s participation makes him ineligible for office under the U.S. Constitution.

The 14th Amendment states that anyone who has “engaged in insurrection or rebellion” against the U.S. and has taken an oath to support the Constitution cannot hold a state office.

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Kelley took an oath in 2019 when he was a planning commissioner in Allendale Township, according to a lawsuit filed on behalf of an Oakland County man by the former head of the state Democratic Party.

Kelley, a firm supporter of former President Donald Trump, has acknowledged being outside the Capitol on Jan. 6, 2021, but says “claims of insurrection are laughable.”

He is one of five candidates in the Republican primary election on Aug. 2.

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