FILE PHOTO: Tear gas is released into a crowd of protesters, with one wielding a Confederate battle flag that reads "Come and Take It," during clashes with Capitol police at a rally to contest the certification of the 2020 U.S. presidential election results by the U.S. Congress, at the U.S. Capitol Building in Washington, U.S, January 6, 2021. REUTERS/Shannon Stapleton/File Photo
A recent federal appeals court ruling found that insurrectionists whether they are current officeholders or not can be barred from the ballot.
Candidates who take part in an insurrection may be barred from holding public office under the 14th Amendment of the US Constitution, a federal appeals court ruled, overturning a lower court judge’s decision.
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While the ruling is legally binding only in the states that make up the 4th Circuit — Maryland, Virginia, West Virginia, North Carolina, and South Carolina — it could influence the outcome of legal challenges to multiple Republican House candidates tagged by critics for participating in events surrounding the Jan. 6, 2021, attack on the Capitol.
This ruling could also impact cases in other parts of the country involving Rep. Marjorie Taylor Greene, Andy Biggs, and Paul Gosar.
The DCCC provided PoliticusUSA with a list of Republican House challengers who have confirmed their participation in the insurrection and could be booted off of the ballot:
WI-03 candidate Derrick Van Orden
NV-04 candidate Annie Black
OH-09 nominee JR Majewski
NC-01 nominee Sandy Smith
IA-03 candidate Gary Leffler
NJ-03 candidate Ian Smith
Each of these candidates has bragged about their participation in the insurrection, and if their ballot status is challenged, they could be removed, despite the fact that they are not current officeholders.
The ruling that the 14 Amendment applies to candidates as well as incumbents could create chaos for Republicans around the country.
Voters who are fighting to protect democracy would be wise to keep the legal challenges coming.
Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association
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