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      Does Jan. 6 Disqualify Some Republicans From Re-election?

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      Representative Madison Cawthorn has breezily dismissed a candidacy challenge filed by voters in his home state, North Carolina, seeking to bar him from re-election to the House of Representatives based on his role in the events of Jan. 6.The plaintiffs, a spokesman from the pro-Trump Republican’s office said, are “comically misinterpreting and twisting the 14th Amendment for political gain.”Mr. Cawthorn is being too quick to scoff. The 14th Amendment provision in question, while little known and not employed since 1919, is a close fit for his conduct around Jan. 6 — as well as that of at least a half-dozen Republican colleagues who the organization spearheading the challenge, Free Speech For People, suggests will be next.Passed in the wake of the Civil War to prevent former rebels from serving in Congress, Section 3 of the 14th Amendment states: “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.”The critical point to understand is that Section 3 added a qualification to hold office, one of the very few in the Constitution. The others are that members of the House must be at least 25, a U.S. citizen for seven years and live in the state the individual represents. It is no different in this respect from the qualification that the president be at least 35 and a natural-born citizen.So, if the voter challenge succeeds in establishing that Mr. Cawthorn engaged in “insurrection or rebellion,” he would be as ineligible to serve in Congress as if it were revealed that he is 24 years old. Under North Carolina law, once challengers advance enough evidence to show reasonable suspicion that a candidate is not qualified, the burden shifts to the would-be candidate to demonstrate the contrary.The North Carolina State Board of Elections will create a five-member panel composed of people from counties in the new district in which Mr. Cawthorn intends to run (which is more Republican leaning than his current one). The panel’s decision could be appealed to the entire State Board of Elections, and after that to the state’s court system. The board’s decision will be delayed until after a state court rules on a separate redistricting challenge in North Carolina. But the issue will have to be resolved in time for the state’s primary election, currently set for May, so the normal Trump playbook of stalling until the issue becomes moot is not an option.The key question in the challenge will be whether Mr. Cawthorn’s acts of support for the Jan. 6 uprising rise to the level of engaging in an insurrection against the government.Here is what the first-term congressman did, based on public reports and allegations in the challenge: In advance of the riot at the Capitol, he met with planners of the demonstrations and tweeted that “the future of this Republic hinges on the actions of a solitary few … It’s time to fight.” He spoke at the pre-attack rally at the Ellipse, near the White House, where he helped work the crowd into frenzy, saying the crowd had “some fight in it” and that the Democrats were trying to silence them. And in the aftermath of the mob violence, he extolled the rioters as “political hostages” and “political prisoners,” and suggested that if he knew where they were incarcerated, he would like to “bust them out.”The constitutional term “insurrection” is less cut-and-dried than, say, whether a candidate is 25 years old. In other contexts, courts have defined it as a usually violent uprising by a group or movement acting for the purpose of overthrowing the legitimately constituted government and seizing its powers. That accurately describes the collective pro-Trump effort to undermine the certification of the November 2020 election.In the hours after the riot, Mitch McConnell, then the Senate majority leader, described the attack as a “failed insurrection”; one of President Trump’s own lawyers in the impeachment trial stated that “everyone agrees” there was a “violent insurrection”; and Mr. Cawthorn himself voted for a resolution that described the attackers as “insurrectionists.” He’ll be hard pressed to run from that label now.As for whether Mr. Cawthorn “engaged” in the insurrection, in an 1869 case, the North Carolina Supreme Court interpreted that term in Section 3 to signify “voluntarily aiding the rebellion, by personal service, or by contributions … of anything that was useful or necessary” to it. Even before more facts are developed in the case — including a possible deposition of Mr. Cawthorn — the tweet exhorting demonstrators to fight because the future of the Republic hinges on it seems plainly designed to aid the enterprise.The indictment of Stewart Rhodes, the leader of the far-right Oath Keepers, and 10 other Jan. 6 participants on seditious conspiracy charges reinforces the notion that the crimes of Jan. 6 were not simply offenses of property or disorder but were attacks against the government itself, the same core idea as with insurrection.If the North Carolina courts rule against him, expect Mr. Cawthorn to make a quick dash to the U.S. Supreme Court, arguing that it has final authority to interpret the federal constitutional term “insurrection.” At that point, a conservative majority that includes three justices appointed by Donald Trump might well sympathize with Mr. Cawthorn.But while it may be rare, the North Carolina voter challenge is no joke. The challengers have a strong case, and Mr. Cawthorn would be foolish to take it lightly.Harry Litman (@harrylitman), a former U.S. attorney and deputy assistant attorney general, teaches constitutional law and national security law at the University of California at Los Angeles School of Law and the University of California at San Diego Department of Political Science. He is also host of the podcast Talking Feds.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      North Carolina Court Upholds Republican Gerrymander of Maps

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      The ruling set up a final battle over the maps in the state Supreme Court, where Democrats hold a slim edge.WASHINGTON — A North Carolina state court on Tuesday rejected claims by voting rights advocates that Republican gerrymanders of the state’s political maps were unconstitutional.The unanimous ruling, by a panel of two Republican judges and one Democrat, set up a final battle over the maps in the seven-member state Supreme Court, where Democratic justices hold a slim edge. Voting rights groups said they would file an appeal immediately. One, Common Cause North Carolina, said the plaintiffs had presented “overwhelming evidence” that the maps were stacked to favor Republicans.“The evidence clearly showed that Republican legislative leaders brazenly ignored legal requirements designed to protect voting rights for Black North Carolinians,” the group’s executive director, Bob Phillips, said in a statement. “If allowed to stand, these extreme gerrymanders would cause profound and lasting harm to the people of our state.”The Republican chairman of the redistricting committee in the State Senate, Warren Daniel, called the decision a sign that “the people of our state should be able to move on with the 2022 electoral process.” The state’s primary elections were pushed back from March to May to make time for legal challenges to the maps.Redistricting at a GlanceEvery 10 years, each state in the U.S is required to redraw the boundaries of their congressional and state legislative districts in a process known as redistricting.Redistricting, Explained: Answers to your most pressing questions about redistricting and gerrymandering.Breaking Down Texas’s Map: How redistricting efforts in Texas are working to make Republican districts even more red.G.O.P.’s Heavy Edge: Republicans are poised to capture enough seats to take the House in 2022, thanks to gerrymandering alone.Legal Options Dwindle: Persuading judges to undo skewed political maps was never easy. A shifting judicial landscape is making it harder.Mr. Daniel charged that any Supreme Court reversal would be suspect because one of the Democratic justices, Anita Earls, was elected with the help of a donation from a Democratic Party redistricting group. An affiliate of that group, the National Redistricting Foundation, is funding legal action by one of the plaintiffs in the gerrymander case.In their ruling, in Wake County Superior Court in Raleigh, N.C., the three judges agreed that both the legislative and congressional maps were “a result of intentional, pro-Republican partisan redistricting.” They also alluded to the political harm that caused, citing their “disdain for having to deal with issues that potentially lead to results incompatible with democratic principles and subject our state to ridicule.”But the judges dismissed the plaintiffs’ claims that the maps violated the state Constitution, that they were deliberately created to disenfranchise Black voters and that they broke longstanding rules for drawing political districts.The case involves new political districts approved in December by the Republican-dominated State Legislature that would give Republicans an overwhelming political advantage in a state balanced almost evenly between Republican and Democratic voters.The new congressional map would give Republicans control of as many as 11 of the state’s 14 House seats, compared to the party’s current eight-to-five edge. (North Carolina gained a fourteenth district as a result of population gains in the 2020 census.) The maps would also re-establish much of the lopsided advantage that Republicans enjoyed in the House and State Senate as a result of gerrymanders approved when those maps were redrawn in 2011.Understand How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Clay Aiken, Former ‘American Idol’ Star, Announces Run for Congress

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      Mr. Aiken said he was running as a “loud and proud Democrat” for an open House seat in his native North Carolina this year.Clay Aiken, the former “American Idol” contestant, said on Monday that he was running for Congress in North Carolina, in his second attempt to represent the state where he grew up.On his new website, Mr. Aiken, 43, referred to himself as a “loud and proud Democrat” and said he would be running in a newly drawn district that includes Durham and Chapel Hill. Representative David E. Price, a Democrat who currently represents much of that area, announced his retirement in October.“I intend to use my voice to deliver real results for North Carolina families, just like David Price has done for decades,” Mr. Aiken, a native of Raleigh, wrote. “I’ll always stand up for my principles and fight for inclusion, income equality, free access to quality health care, and combating climate change.”Mr. Aiken, who placed second behind Ruben Studdard in the second season of “American Idol” in 2003, previously ran for Congress in a Republican-leaning part of the state in 2014. He won the Democratic primary but was defeated in the general election by the Republican incumbent.Last month, the North Carolina Supreme Court ordered that the state’s 2022 primary election, originally scheduled for March 8, be postponed until May 17, citing a “need for urgency” in giving critics of the state legislature’s gerrymandered political maps additional time to pursue a legal battle to redraw them. New boundaries for state legislative districts and North Carolina’s 14 seats in the U.S. House of Representatives face three lawsuits filed by Democrats and voting-rights advocates in state court in Raleigh.Mr. Aiken is joining a crowded Democratic primary field that includes two state senators and a Durham County commissioner, The News & Observer reported.Mr. Aiken said his first experience with politics came when he was in the eighth grade and asked Mr. Price to speak to his class. Mr. Price agreed.“In Congress, I’ll use my voice to advocate for common-sense policies that encourage continued job growth and healthy communities,” Mr. Aiken wrote. “Many of these political battles divide us as people, threaten our democracy, and weaken America. North Carolinians are worried about affordable health care and rapid inflation.”Mr. Aiken studied at the University of North Carolina at Charlotte and taught special education in Wake County. He is a co-founder of the National Inclusion Project, which advocates for disabled children, and he worked with UNICEF as a national goodwill ambassador, according to his website. More

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      Map by Map, G.O.P. Chips Away at Black Democrats’ Power

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      Black elected officials in several states, from Congress down to the counties, have been drawn out of their districts this year or face headwinds to hold onto their seats.More than 30 years ago, Robert Reives Sr. marched into a meeting of his county government in Sanford, N.C., with a demand: Create a predominantly Black district in the county, which was 23 percent Black at the time but had no Black representation, or face a lawsuit under the Voting Rights Act.The county commission refused, and Mr. Reives prepared to sue. But after the county settled and redrew its districts, he was elected in 1990 as Lee County’s first Black commissioner, a post he has held comfortably ever since.Until this year.Republicans, newly in power and in control of the redrawing of county maps, extended the district to the northeast, adding more rural and suburban white voters to the mostly rural district southwest of Raleigh and effectively diluting the influence of its Black voters. Mr. Reives, who is still the county’s only Black commissioner, fears he will now lose his seat.“They all have the same objective,” he said in an interview, referring to local Republican officials. “To get me out of the seat.”Mr. Reives is one of a growing number of Black elected officials across the country — ranging from members of Congress to county commissioners — who have been drawn out of their districts, placed in newly competitive districts or bundled into new districts where they must vie against incumbents from their own party.Almost all of the affected lawmakers are Democrats, and most of the mapmakers are white Republicans. The G.O.P. is currently seeking to widen its advantage in states including North Carolina, Ohio, Georgia and Texas, and because partisan gerrymandering has long been difficult to disentangle from racial gerrymandering, proving the motive can be troublesome.But the effect remains the same: less political power for communities of color.The pattern has grown more pronounced during this year’s redistricting cycle, the first since the Supreme Court struck down the heart of the Voting Rights Act in 2013 and allowed jurisdictions with a history of voting discrimination to pass election laws and draw political maps without approval from the Justice Department.How Maps Reshape American PoliticsWe answer your most pressing questions about redistricting and gerrymandering.“Let’s call it a five-alarm fire,” G.K. Butterfield, a Black congressman from North Carolina, said of the current round of congressional redistricting. He is retiring next year after Republicans removed Pitt County, which is about 35 percent Black, from his district.“I just didn’t see it coming,” he said in an interview. “I did not believe that they would go to that extreme.”Redistricting at a GlanceEvery 10 years, each state in the U.S is required to redraw the boundaries of their congressional and state legislative districts in a process known as redistricting.Redistricting, Explained: Answers to your most pressing questions about redistricting and gerrymandering.Breaking Down Texas’s Map: How redistricting efforts in Texas are working to make Republican districts even more red.G.O.P.’s Heavy Edge: Republicans are poised to capture enough seats to take the House in 2022, thanks to gerrymandering alone.Legal Options Dwindle: Persuading judges to undo skewed political maps was never easy. A shifting judicial landscape is making it harder.A former chairman of the Congressional Black Caucus, Mr. Butterfield said fellow Black members of Congress were increasingly worried about the new Republican-drawn maps. “We are all rattled,” he said.In addition to Mr. Butterfield, four Black state senators in North Carolina, five Black members of the state House of Representatives and several Black county officials have had their districts altered in ways that could cost them their seats. Nearly 24 hours after the maps were passed, civil rights groups sued the state.Representative G.K. Butterfield of North Carolina said he was retiring next year after Republicans removed Pitt County, which is 35 percent Black, from his district.Stefani Reynolds for The New York TimesAcross the country, the precise number of elected officials of color who have had their districts changed in such ways is difficult to pinpoint. The New York Times identified more than two dozen of these officials, but there are probably significantly more in county and municipal districts. And whose seats are vulnerable or safe depends on a variety of factors, including the political environment at the time of elections.But the number of Black legislators being drawn out of their districts outpaces that of recent redistricting cycles, when voting rights groups frequently found themselves in court trying to preserve existing majority-minority districts as often as they sought to create new ones.“Without a doubt it’s worse than it was in any recent decade,” said Leah Aden, a deputy director of litigation at the NAACP Legal Defense and Educational Fund Inc. “We have so much to contend with and it’s all happening very quickly.”Republicans, who have vastly more control over redistricting nationally than Democrats do, defend their maps as legal and fair, giving a range of reasons.Kirk Smith, the Republican chairman of Lee County’s board of commissioners, said that “to say only a person of a certain racial or ethnic group can represent only a person of the same racial or ethnic group has all the trappings of ethnocentric racism.”In North Carolina and elsewhere, Republicans say that their new maps are race-blind, meaning officials used no racial data in designing the maps and therefore could not have drawn racially discriminatory districts because they had no idea where communities of color were.“During the 2011 redistricting process, legislators considered race when drawing districts,” Ralph Hise, a Republican state senator in North Carolina, said in a statement. Through a spokesperson, he declined to answer specific questions, citing pending litigation.His statement continued: “We were then sued for considering race and ordered to draw new districts. So during this process, legislators did not use any racial data when drawing districts, and we’re now being sued for not considering race.”In other states, mapmakers have declined to add new districts with majorities of people of color even though the populations of minority residents have boomed. In Texas, where the population has increased by four million since the 2010 redistricting cycle, people of color account for more than 95 percent of the growth, but the State Legislature drew two new congressional seats with majority-white populations.And in states like Alabama and South Carolina, Republican map drawers are continuing a decades-long tradition of packing nearly all of the Black voting-age population into a single congressional district, despite arguments from voters to create two separate districts. In Louisiana, Gov. John Bel Edwards, a Democrat, said on Thursday that the Republican-controlled State Legislature should draw a second majority-Black House district.Allison Riggs, a co-executive director of the Southern Coalition for Social Justice, a civil rights group, said that the gerrymandering was “really an attack on Black voters, and the Black representatives are the visible outcome of that.”Efforts to curb racial gerrymandering have been hampered by a 2019 Supreme Court decision, which ruled that partisan gerrymandering could not be challenged in federal court.Though the court did leave intact Section 2 of the Voting Rights Act, which prohibits racial gerrymandering, it offered no concrete guidance on how to distinguish between a partisan gerrymander and a racial gerrymander when the result was both, such as in heavily Democratic Black communities.Understand How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      North Carolina Supreme Court Delays 2022 Primary Elections

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      In response to lawsuits over North Carolina’s political maps, the justices issued an order on Wednesday pushing back the state’s primaries from March to May.The North Carolina Supreme Court ordered a two-month delay in the state’s 2022 primary elections on Wednesday, giving critics of the state legislature’s gerrymandered political maps additional time to pursue a legal battle to redraw them.The unsigned ruling was a setback for the Republican-controlled General Assembly, which created the maps and had argued that a delay in the primaries would sow chaos among both candidates and voters.The court ordered the March 8 primary elections for all offices postponed until May 17, citing “the importance of the issues to the constitutional jurisprudence of this state, and the need for urgency” in deciding the maps’ legality. New boundaries for state legislative districts and for North Carolina’s 14 seats in the U.S. House of Representatives face three lawsuits filed by Democrats and voting-rights advocates in a state court in Raleigh.In a state split almost evenly between Republican and Democratic voters, the new maps give Republicans a sweeping political advantage. The new House map, for example, would all but ensure victory for G.O.P. candidates in 10 of the 14 districts, with a decent shot at winning an 11th seat.The legal struggle over the new boundaries appears to have split state judges along political lines as well. On Monday, Republicans had secured a ruling in the state Court of Appeals, which is dominated by Republican judges, upholding the March 8 primary date. The state Supreme Court, which overruled the decision, is narrowly controlled by Democratic justices.The Southern Coalition for Social Justice, which is representing the plaintiffs in one of the lawsuits, hailed the ruling as a victory for voters.“It sends a clear message that North Carolinians deserve to cast their ballots in elections held in fair, constitutional voting districts,” Hilary Harris Klein, the group’s senior voting rights lawyer, said in a statement.Republican state legislators issued a news release calling the ruling a political power grab. “The Democrats on the Supreme Court want districts that elect more Democrats, so they’re blocking every election in the state until they get their way,” one Republican, State Senator Ralph Hise, said.Delays in primary elections resulting from gerrymandering lawsuits are not unusual. Federal judges twice postponed the 2012 primary election in Texas as part of a redistricting dispute. North Carolina, where there have been more lawsuits over redistricting than in many other states, also has a history of postponement: The State Board of Elections ordered the 2004 primaries delayed during one of those court battles.The state Supreme Court issued a vastly expedited schedule for resolving the gerrymandering litigation, beginning with an order that the state Superior Court in Raleigh hand down an initial ruling next month. The Supreme Court also has signaled that appeals of that ruling will be accelerated as well.The order to delay primary elections seems likely to further fuel Republican outrage over Supreme Court rulings that have gone against the party’s wishes.A former state Republican Party chairman suggested last month that the justices should be impeached for a ruling in a long-running dispute over state funding for education. The legislature appears to agree and has added impeachment to its agenda for a special legislative session starting late this month. More

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      Podcast Looks at Voting Fraud Claims in North Carolina

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      The podcast series “The Improvement Association” investigates the role that rumors and race play in a North Carolina county.Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.By all accounts, election fraud is rare.But following the 2018 election, the small, rural community of Bladen County, N.C., made news when state officials threw out the results of a congressional race over suspicions of fraud.Two years earlier, in the same county, state officials received similar reports of vote rigging, although those turned out to be unfounded.Zoe Chace, a producer for the podcast “Serial” and the radio program “This American Life,” set out to understand how Bladen County became fertile ground for these allegations. The result of her reporting is “The Improvement Association,” a five-part podcast series produced by Serial Productions and The New York Times. The episodes explore the corrosive power of claims of election fraud and the role that race played in those claims in Bladen County.“Bladen County was consumed with rumors and accusations of election fraud long before the 2020 presidential election, and we wanted to understand how that happened and how it has affected people’s lives there,” Ms. Chace said.Ms. Chace first spent time in Bladen County while reporting a radio story for “This American Life.” In 2016, local Republicans had accused the Bladen County Improvement Association PAC, a Black Democratic enfranchisement group, of tampering with absentee ballots, but the claims were dismissed by officials.Several years earlier, the group had helped elect the county’s first Black sheriff using a novel tactic — encouraging Black voters to use absentee ballots. Although completely legal, the method fueled suspicions of cheating. In the years that followed, white residents began to regularly accuse the Bladen County Improvement Association of election tampering, although there was no evidence.Then, in a rare event, state officials threw out the 2018 election of Mark Harris, a Republican, to the congressional district that includes Bladen County, after local Republicans were accused of committing absentee-ballot fraud. McCrae Dowless, the political operative at the center of the scandal, has been charged with obstruction of justice and illegal possession of an absentee ballot. The case is in progress.After that case became public, a leader of the Bladen County Improvement Association reached out to Ms. Chace, offering to explain the local political landscape where these allegations had become common, and Ms. Chace returned to the community.She first looked at the claims against the association, interviewing poll workers, political boosters and officials from the North Carolina State Board of Elections. She also reviewed absentee ballot envelopes from nursing home residents that some claimed had been tampered with, and she pored over years of election fraud complaints and documents from the state board of elections. She couldn’t find anything to suggest that the group had cheated.“We were lucky because we got a lot of documents,” Ms. Chace said.Nancy Updike, the producer of the series, said they also studied the history of racism in election fraud allegations, which have been used to disenfranchise Black voters. Ms. Updike said that in U.S. elections, the idea of Black people casting votes has frequently led to claims from white people about voter fraud.“From Reconstruction until now, white Americans have repeatedly conjured the idea of Black Americans voting fraudulently in order to keep Black people from voting,” she said.Ms. Chace’s reporting also showed how damaging these allegations of fraud can be. For the Bladen County Improvement Association, the claims were difficult to shake and led to animosity and divisions within the organization. In the end, the years of unfounded allegations have eroded the group’s political power.“The charge of election fraud, untethered to any evidence, is a truly dangerous force at work in America right now,” Ms. Updike said. “And in this one place you can see how it tore up people’s lives as well as pulled at the fabric of this place.” More