Rep. Madison Cawthorn sues N.C. election board over candidacy challenge

Rep. Madison Cawthorn is suing members of the North Carolina State Board of Elections afterNorth Carolina voters alleged that he is ineligible for reelection because of his involvement at a rally on Jan. 6, 2021, that “amounted to an insurrection.”

Cawthorn (R-N.C.), who filed for candidacy in the state’s 13th Congressional District last month,spoke at a rally that day in front of the White House before rioters stormed the Capitol. Then-President Donald Trump, whose speech headlined that rally, urged attendees to march to the Capitol, told them to “be strong” and said that “you’ll never take back our country with weakness.”

Trump supporters left that rally and swarmed the Capitol, some violently forcing their way inside the building in an effort to block congressional certification of Joe Biden’s Electoral College victory. The insurrection left four rioters dead and more than 150 law enforcement officers injured. One officer died of a stroke after responding to the riot and multiple others died by suicide in the days after.

North Carolina voters moving to block Cawthorn’s reelection bid cited Section 3 of the 14th Amendment, which prohibits public officials from holding office if they have “engaged in insurrection or rebellion” against the United States. A challenge to Cawthorn’s candidacy was filed Jan. 10 on behalf of the 11 voters before the State Board of Elections.

Cawthorn’s lawsuit, filed on Monday, denies that he participated in an “insurrection or rebellion” and maintains he is eligible to run for office under state law. The lawsuit also disputes the assertion that under the 14th Amendment he is ineligible for candidacy because of his involvement in a Jan.6 rally.

The suit also argues that the challenge isn’t based on reasonable suspicion and violates his right to run for office.

“Running for political office is quintessential First Amendment activity and afforded great protection,” the lawsuit said.

Cawthorn is being represented by prominent Republican lawyer James Bopp Jr. The case was assigned to Wilmington, North Carolina-based U.S. District Judge Richard Myers II, a Trump appointee.

CORRECTION: An earlier version of this report misstated the district where U.S. District Judge Richard Myers II serves. He is based in Wilmington, N.C. Because of an editing error, an earlier version of this report misstated the party trying to block Rep. Madison Cawthorn’s candidacy. It is a group of 11 voters who filed a challenge before the North Carolina State Elections Board.