Be smart: Section 3 of the 14th Amendment states that no one should hold office in the U.S. if they “have engaged in insurrection or rebellion against the [U.S.], or given aid or comfort to the enemies thereof.”
How it works: The qualification to appear on a ballot for state or federal office is a function of state law and undertaken by the state Secretaries of State.
- As such, state courts – and possibly federal courts – may have a role to play here, per civil rights attorney Sherrilyn Ifill.
Driving the news: Advocacy group Free Speech For People, sent letters to election officials in Florida, Ohio, Wisconsin, New Hampshire and New Mexico on Wednesday, asking them to use their authority to exclude Trump from the ballots.
Between the lines: Special counsel Jack Smith didn’t charge Trump with insurrection or rebellion in the election fraud case. But the provision doesn’t indicate a need for a criminal indictment or conviction.
- “Trump’s constitutional disqualification from serving in elective office requires an assessment and evaluation that is not dependent on any criminal findings,” Ifill said.
For the record: The Constitution doesn’t describe how to enforce the disqualification and it’s only been used twice since the late 1800s against former Confederates, per CNN.