LANSING, Mich. (AP) — The Michigan Court of Appeals has 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.

Ryan Kelley is facing misdemeanor charges in Washington. But the court says Kelley hasn’t been convicted of anything.

A 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.