GOP Rep. Cawthorn files lawsuit arguing N.C. can't remove him from ballot over role in Jan. 6


Rep. Madison Cawthorn (R-N.C.) is suing the North Carolina State Board of Elections, arguing that a law under which his eligibility to run for re-election is being challenged is unconstitutional, The Raleigh News & Observer reports.
According to The Associated Press, a group of North Carolina voters filed a challenge to Cawthorn's candidacy in the 2022 midterms last month. By speaking at a rally immediately before the Jan. 6 Capitol riot, the complaint alleges, Cawthorn "engaged in insurrection or rebellion" against the United States and is therefore disqualified from serving in Congress according to Section Three of the Fourteenth Amendment.
Under current state law, the "burden of proof" is "upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In the lawsuit, filed Monday, Cawthorn argues that the "provision of the Challenge Statute which shifts the burden of proving a negative to the Candidate" is a violation of "the Due Process Clause of the Fourteenth Amendment."
Since Jan. 6, 2021, Cawthorn has repeatedly baselessly blamed the riot on left-wing infiltrators or federal agents and has referred to those charged for their role in the attack on the Capitol as "political hostages."
According to the News & Observer, the "process for state elections officials to decide on the complaint will begin Wednesday." The North Carolina State Board of Elections will select panelists to consider the arguments from both Cawthorn and his accusers.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Grayson Quay was the weekend editor at TheWeek.com. His writing has also been published in National Review, the Pittsburgh Post-Gazette, Modern Age, The American Conservative, The Spectator World, and other outlets. Grayson earned his M.A. from Georgetown University in 2019.
-
Zohran Mamdani: the young progressive likely to be New York City's next mayor
In The Spotlight The policies and experience that led to his meteoric rise
-
The best film reboots of all time
The Week Recommends Creativity and imagination are often required to breathe fresh life into old material
-
'More must be done'
Instant Opinion Opinion, comment and editorials of the day
-
The last words and final moments of 40 presidents
The Explainer Some are eloquent quotes worthy of the holders of the highest office in the nation, and others... aren't
-
Senate advances GOP bill that costs more, cuts more
Speed Read The bill would make giant cuts to Medicaid and food stamps, leaving 11.8 million fewer people with health coverage
-
Canadian man dies in ICE custody
Speed Read A Canadian citizen with permanent US residency died at a federal detention center in Miami
-
GOP races to revise megabill after Senate rulings
Speed Read A Senate parliamentarian ruled that several changes to Medicaid included in Trump's "One Big Beautiful Bill" were not permissible
-
Supreme Court lets states ax Planned Parenthood funds
Speed Read The court ruled that Planned Parenthood cannot sue South Carolina over the state's effort to deny it funding
-
Trump plans Iran talks, insists nuke threat gone
Speed Read 'The war is done' and 'we destroyed the nuclear,' said President Trump
-
Trump embraces NATO after budget vow, charm offensive
Speed Read The president reversed course on his longstanding skepticism of the trans-Atlantic military alliance
-
Trump judge pick told DOJ to defy courts, lawyer says
Speed Read Emil Bove, a top Justice Department official nominated by Trump for a lifetime seat, stands accused of encouraging government lawyers to mislead the courts and defy judicial orders