Exploiting a quirk in N Carolina election law, lawyers are working to disqualify
@CawthornforNC
from the ballot unless he can prove that he is not an "insurrectionist" disqualified for office under the 14th amendment. The case has broad implications.

Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist?’
Lawyers are using an obscure clause in the Constitution to challenge a House Republican’s re-election bid in a case that could spawn similar efforts against

Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?

The challenge to Representative Madison Cawthorn’s re-election bid could set a precedent to challenge other Republicans who encouraged the Jan. 6 attack.

By Jonathan Weisman
Jan. 25, 2022

WASHINGTON — A group of lawyers is working to disqualify from the ballot a right-wing House Republican who cheered on the Jan. 6 rioters unless he can prove he is not an “insurrectionist,” disqualified by the Constitution from holding office, in a case with implications for other officeholders and potentially former President Donald J. Trump. ... The novel challenge to the re-election bid of Representative Madison Cawthorn, one of the House’s brashest supporters of Mr. Trump and the lie that the 2020 election was stolen, could set a precedent to challenge other Republicans who swore to uphold the Constitution, then encouraged the attack.

While the House committee investigating the assault on the Capitol has so far been unsuccessful in its effort to force key members of Congress to cooperate with the inquiry, the North Carolina case has already prompted a legal discussion — one that is likely to land in court — about what constitutes an insurrection, and who is an insurrectionist. ... And for the first time, a lawmaker who embraced the rioters may have to answer for his actions in a court of law.

“I don’t think we can have those persons who have engaged in acts of insurrection elected to office and serving in office in violation of their constitutional duties and oath,” said John R. Wallace, one of the lawyers on the case and a campaign finance and election law expert in Raleigh, N.C. He added, “It should not be difficult to prove you are not an insurrectionist. It only seems to be difficult for Madison Cawthorn.”

Cases challenging the legitimacy of a candidate before election boards usually hinge on a candidate’s age, legal residency, place of birth or citizenship status, or the legitimacy of signatures in a candidacy petition. ... This case revolves around the little-known third section of the 14th Amendment, adopted during Reconstruction to punish members of the Confederacy who were streaming back to Washington to reclaim their elective offices — and infuriating unionist Republicans.

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