Opponents seek to block Cawthorn from ballot for his actions on Jan. 6

Opponents of North Carolina Republican Rep. Madison Cawthorn are seeking to block him from reelection in the fall due to his actions on Jan. 6, 2021.

A team of lawyers has argued that Cawthorn’s actions, which included speaking at a rally ahead of the storming of the Capitol and supporting baseless claims of election fraud, violated Section 3 of the 14th Amendment. The section states that no one can hold office if they “engaged in an insurrection” after taking an oath to back the Constitution, according to NPR.

The organization Free Speech for People is also funding a challenge to Cawthorn’s candidacy. Ron Fein, the legal director for the organization, spoke to NPR about Cawthorn’s alleged contact with planners of the Jan. 6 events.

“It’s not just that Cawthorn spoke at that pre-attack demonstration — one of only two members of Congress who spoke there — alongside other speakers who were demanding trial by combat and talking about sacrificing blood to fight for America,” Fein said. “But we also have reliable reporting that Cawthorn and his team were communicating with the planners ahead of Jan. 6 and helped to plan some of these events.”

The group is reportedly building its case to challenge Cawthorn, who is up for reelection this year, by labeling him an insurrectionist.

Former North Carolina Supreme Court Justice Bob Orr, who is working on the case and is also a former Republican, told the news outlet that there is a local precedent for disqualifying candidate eligibility based on the candidate having engaged an insurrection, but he added that proof of Cawthorn’s involvement will need to be provided in order for him to be disqualified.

“Did he provide aid and comfort and engage in this?” Orr said. “And we think there is certainly enough evidence on the public record that we know of now, and will certainly be looking for additional evidence.”

This week, Cawthorn filed a lawsuit to halt the challenge, adding that he “never engaged in” an insurrection.

“Running for office is not only a great privilege, it is a right protected under the Constitution,” Cawthorn said at the time. “I love this country and have never engaged in, or would ever engage in, an insurrection against the United States. Regardless of this fact, the Disqualification clause and North Carolina’s Challenge Statute is being used as a weapon by liberal Democrats to attempt to defeat our democracy by having state bureaucrats, rather than the People, choose who will represent North Carolina in Congress.” 

Cawthorn’s eligibility will be determined by a special panel of elections officials from his district, depending on the results of his lawsuit. From there, they will make the final decision regarding his eligibility, NPR reported.