A group of North Carolina voters has filed a legal challenge against U.S. Representative Madison Cawthorn’s 2022 candidacy for reelection.
Nonprofit organization Free Speech for People, a "nonpartisan, non-profit legal advocacy organization with constitutional law expertise," which is serving as lead counsel in the matter, announced on Monday that the challenge was filed before the North Carolina State Board of Elections. The challenge "alleges that Cawthorn is constitutionally disqualified from public office under the Fourteenth Amendment to the U.S. Constitution based on reasonable suspicion that he helped facilitate the January 6, 2021 insurrection," the nonprofit described in its press release.
The legal challenge brought against Rep. Cawthorn cites Section Three of the Fourteenth Amendment, known as the Disqualification Clause, which states, in part, “No Person shall be a Senator or Representative in Congress. . . who, having previously taken an oath, as a member of Congress . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Monday's release adds that no criminal conviction is required under the clause, and that "Cawthorn would be able to seek judicial review of an adverse decision."
“As set forth in our complaint, the publicly available evidence, including Representative Cawthorn’s own statements and reports that he or his office coordinated with the January 6 organizers, establish reasonable suspicion that Representative Cawthorn aided the insurrection, thereby disqualifying him from federal office," Ron Fein, legal director of Free Speech For People, said in the press release. "We look forward to asking him about his involvement under oath.”
Monday's release cites North Carolina's candidacy challenge statute, which states any registered voter can challenge someone's candidacy based on “reasonable suspicion or belief” that the "candidate does not meet the constitutional or statutory qualifications for the office.” Once a challenge is filed, the burden of proof shifts to the candidate, who “must show by a preponderance of the evidence . . . that he or she is qualified to be a candidate for the office.” The statute authorizes “depositions prior to the hearing, if requested by the challenger,” and “subpoenas for witnesses or documents . . . including a subpoena of the candidate.”
Fee Speech for People says the challenge will first be heard by a multi-county panel, which will be appointed by the North Carolina State Board of Elections. After the hearing, the panel will issue written findings of fact and conclusions of law. Its decision can be appealed by either side to the State Board, and the State Board’s decision can be appealed to the North Carolina Court of Appeals.
In addition to Free Speech for People, the group of voters who filed the complaint are also represented by Wallace & Nordan, a North Carolina law firm specializing in election law, and Robert F. Orr, a former Republican Justice of the North Carolina Supreme Court. The organization says James G. Exum, Jr., a former Chief Justice of the North Carolina Supreme Court, serves as Of Counsel in the matter.
Luke Ball, communications director for Congressman Madison Cawthorn, sent News 13 the following statement in regards to the legal challenge:
Over 245,000 patriots from Western North Carolina elected Congressman Cawthorn to serve them in Washington. A dozen activists who are comically misinterpreting and twisting the 14th amendment for political gain will not distract him from that service.
The challenge filed against Congressman Cawthorn is part of a larger, national campaign urging Secretaries of State to "bar elected officials who engaged in the January 6, 2021 insurrection from appearing on any future ballot," according to Free Speech for People's Jan. 5, 2022 announcement.
Cawthorn currently represents North Carolina's 11th Congressional District, but he has filed a notice for candidacy in the state's newly redrawn 13th Congressional District. The North Carolina Supreme Court has ordered the state to delay its primary from March 8 to May 17 while judges hear litigation on the redrawn maps. Appeals are expected afterward.
STORY & PHOTO COURTESY OF ABC 13 WLOShttps://wlos.com/news/local/madison-cawthorn-14th-amendment-disqualification-clause-legal-challenge-free-speech-for-people-north-carolina-district-13