Ballot Access News – North Carolina Files Brief in Support of its Right to Consider Whether Congressman Madison Cawthorn Meets Qualifications

On February 22, North Carolina filed this brief in Cawthorn v Circosta, e.d., 5:22cv-50. This is the lawsuit over whether the state has the ability to make a decision on whether congressional candidates should be barred from a ballot because they don’t meet the qualifications listed in the Fourteenth Amendment, section three, concerning insurrection. The hearing is February 28.

The brief says the Socialist Party congressman from Wisconsin, Victor Berger, was unseated by the U.S. House in 1919 for violating the Espionage Act. The state cites this example to show that the amnesty acts passed in the 19th century for ex-Confederates did not eliminate the force of section three of the Fourteenth Amendment.

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