A lawsuit in Colorado also is focusing on the Constitution’s “insurrection” clause to bar Trump from that state’s 2024 ballot. Lawyers representing six Republican and unaffiliated Colorado voters argue that Trump’s violent rhetoric preceding the attack makes him culpable.

A hearing also is scheduled this week before the Minnesota Supreme Court.

Monday’s Michigan filing by Trump called the events of Jan. 6, 2021 “a riot.”

“They were not an ‘insurrection’ for purposes of section three of the Fourteenth Amendment,” Trump’s lawyers wrote. “They did not amount to levying war against the United States. Even if the events of January 6, 2021, could constitute an ‘insurrection’ (they do not), President Trump did not ‘engage’ in it. ‘Engaging’ requires some level of active participation. Inaction is not sufficient.”

Trump is considered the leading candidate for the 2024 Republican presidential nomination.

“Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him,” according to Trump’s Michigan filing. “To accomplish this, they want the secretary of state to violate her duties and exercise powers she does not have to keep President Trump’s name off of the ballot. And they want to use this court as a vehicle to do it.”

Benson’s office said Tuesday that it could not comment on pending litigation.