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MSNBC.com msnbc.com 15 Jan, 2022 11:30 am

Republican Rep. Madison Cawthorn's North Carolina re-election test case MSNBC LogoSearchToday LogoNBC News LogoSearchNBC News LogoMSNBC LogoToday Logo

Republican Rep. Madison Cawthorn's North Carolina re-election test case MSNBC LogoSearchToday LogoNBC News LogoSearchNBC News LogoMSNBC LogoToday Logo
Republican Rep. Madison Cawthorn's North Carolina 2022 re-election is being challenged by North Carolina voters citing the Constitution and January 6

A group of North Carolina voters filed an unusual legal challenge Monday, asking the North Carolina State Board of Elections to determine whether Republican Rep.” If these allegations are true, the challenge concluded, Cawthorn is constitutionally disqualified from serving in Congress — and, thus, from running for re-election to Congress under North Carolina law.As Mark Joseph Stern noted in Slate, North Carolina law puts the burden on the candidate to prove his eligibility — so Cawthorn will have to demonstrate, by “a preponderance of the evidence” (a legal standard that usually means “more likely than not”), either that he was not involved in those efforts as a factual matter or that those efforts don’t meet the 14th Amendment’s legal criteria of “engag[ing] in insurrection” or “giv[ing] aid or comfort” to those involved in the Jan.Cawthorn warns of more 'bloodshed' If that’s how the litigation unfolds in North Carolina, then it’s not hard to imagine the fireworks that could arise.

Presumably, to side with the voters, the North Carolina State Board of Elections (and, eventually, the courts) would have to agree that the disqualification clause is a standalone qualification to hold federal office.Rather, the challenge claims that Cawthorn is ineligible by dint of the 14th Amendment’s disqualification clause: a post-Civil War provision that provides that one cannot serve in Congress if you “have engaged in insurrection or rebellion against the same, or given aid or comfort to [those engaged in such acts].

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