Title: To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes.
Policy area: Law

Summary:
This bill establishes a civil action through which an individual may be disqualified from holding office under Section 3 of the Fourteenth Amendment of the U.S. Constitution. This includes an individual who has engaged in insurrection or rebellion against the United States or has given aid or comfort to the enemies of the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7906 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7906

To establish a civil action for disqualification under section 3 of the 
      14th Amendment to the Constitution, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2022

   Ms. Wasserman Schultz (for herself and Mr. Raskin) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish a civil action for disqualification under section 3 of the 
      14th Amendment to the Constitution, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 
              14TH AMENDMENT.

    (a) Responsibilities of the Attorney General.--The Attorney General 
is authorized to--
            (1) investigate conduct that would constitute cause for a 
        disqualification pursuant to section 3 of the 14th Amendment; 
        and
            (2) bring an action in the United States district court for 
        the District of Columbia seeking declaratory and injunctive 
        relief providing that a candidate seeking an office described 
        in section 3 of the 14th Amendment is disqualified from holding 
        office under section 3 of the 14th Amendment, and preventing 
        that candidate's name from appearing on a ballot in an election 
        for Federal or State office.
    (b) Actions by Private Persons.--
            (1) In general.--A person may bring an action in the United 
        States district court for the District of Columbia seeking the 
        relief described in subsection (a)(2) against an individual 
        described in paragraph (2) who is a candidate for public office 
        if the person is eligible to vote in an election in which the 
        candidate is seeking office and is harmed by the individual's 
        candidacy.
            (2) Individual described.--An individual described in this 
        subsection is an individual who has engaged in insurrection or 
        rebellion against the United States, or has given aid or 
        comfort to the enemies of the United States.
            (3) Notice to government.--In the case of an action brought 
        under subsection (b), a copy of the complaint and written 
        disclosure of substantially all material evidence and 
        information the person possesses shall be served on the 
        Government pursuant to Rule 4(d)(4) of the Federal Rules of 
        Civil Procedure. The Government may elect to intervene and 
        proceed with the action within 60 days after it receives both 
        the complaint and the material evidence and information.
            (4) Extension.--The Government may, for good cause shown, 
        move the court for extensions of the time to review the 
        complaint, material evidence and information.
            (5) Determination of government.--Before the expiration of 
        the 60-day period or any extensions obtained under paragraph 
        (4), the Government shall--
                    (A) proceed with the action, in which case the 
                action shall be conducted by the Government; or
                    (B) notify the court that it declines to take over 
                the action, in which case the person bringing the 
                action shall have the right to conduct the action.
    (c) 3-Judge Panel; Appeals.--An action under this section shall be 
heard and determined by a court of three judges in accordance with the 
provisions of section 2284 of title 28, United States Code, and any 
appeal shall lie to the Supreme Court. It shall be the duty of the 
judges designated to hear the case to assign the case for hearing at 
the earliest practicable date, to participate in the hearing and 
determination thereof, and cause the case to be in every way expedited.
    (d) Standard of Proof.--The court shall grant the relief described 
in subsection (a)(2) in an action under subsection (a) or (b) upon a 
showing, by a preponderance of the evidence, that the defendant should 
be disqualified from holding office pursuant to section 3 of the 14th 
Amendment.
    (e) Chief State Election Officials.--The court may require the 
joinder, and shall permit the intervention, of a chief State election 
official (as such term is defined in section 2) having an interest in 
the action under this section.
    (f) Rights of the Government.--
            (1) Service of process.--If the Government elects not to 
        proceed with the action, the person who initiated the action 
        shall have the right to conduct the action. If the Government 
        so requests, it shall be served with copies of all pleadings 
        filed in the action and shall be supplied with copies of all 
        deposition transcripts (at the Government's expense). When a 
        person proceeds with the action, the court, without limiting 
        the status and rights of the person initiating the action, may 
        nevertheless permit the Government to intervene at a later date 
        upon a showing of good cause.
            (2) Stay of discovery.--Whether or not the Government 
        proceeds with the action, upon a showing by the Government that 
        certain actions of discovery by the person initiating the 
        action would interfere with the Government's investigation or 
        prosecution of a criminal or civil matter arising out of the 
        same facts, the court may stay such discovery for a period of 
        not more than 60 days. Such a showing shall be conducted in 
        camera. The court may extend the 60-day period upon a further 
        showing in camera that the Government has pursued the criminal 
        or civil investigation or proceedings with reasonable diligence 
        and any proposed discovery in the civil action will interfere 
        with the ongoing criminal or civil investigation or 
        proceedings.
    (g) Insurrection Against the United States.--For purposes of this 
section--
            (1)(A) the January 6, 2021, attack on the United States 
        Capitol Buildings constitutes an insurrection against the 
        United States;
            (B) the attempt to bypass constitutional order and obstruct 
        through corrupt means the counting of certified electoral votes 
        of the several States under section 15 of title 3, United 
        States Code, on January 6, 2021, with intent to displace the 
        lawfully elected President of the United States or thwart the 
        will of the majority of electors, constitutes an insurrection 
        against the United States; and
            (C) any person who was a participant in an activity 
        described in paragraph (1) is deemed to have engaged in 
        insurrection.
    (h) Definitions.--In this section:
            (1) The term ``participant'' means, with respect to the 
        activity described in subsection (g)(1), any person who--
                    (A) was physically present within the Capitol 
                Buildings on January 6, 2021, without authorization, 
                who knew or reasonably should have known that their 
                actions would have the effect of disrupting 
                Congressional proceedings or intimidating Members of 
                Congress, the Vice President, or Congressional 
                personnel;
                    (B) gave direction, information, funding, or 
                otherwise provided aid to facilitate access to the 
                Capitol Buildings on January 6, 2021, and knew or 
                should have known there was a reasonable likelihood 
                that the person to whom such direction, information, 
                funding, or other aid was provided, would enter the 
                Capitol Buildings unlawfully for the purpose of 
                disrupting Congressional proceedings or intimidating 
                Members of Congress, the Vice President, or 
                Congressional personnel, from executing of their 
                duties;
                    (C) incited, or attempted to persuade, another to 
                gain unauthorized access to the Capitol Buildings on 
                January 6, 2021, and knew or should have known that the 
                individual incited or persuaded would likely attempt to 
                disrupt Congressional proceedings or intimidate Members 
                of Congress, the Vice President, or Congressional 
                personnel from executing their duties;
                    (D) had the duty or authority to halt the attack on 
                January 6, 2021, but knowingly failed, refused, 
                delayed, or obstructed others in doing so; or
                    (E) conspired or attempted to bypass constitutional 
                order and obstruct through corrupt means the counting 
                of certified electoral votes of the several States 
                under section 15 of title 3, United States Code, on 
                January 6, 2021, with intent to displace the lawfully 
                elected President of the United States or thwart the 
                will of the majority of electors.
            (2) The term ``candidate'' means an individual who--
                    (A) uses general public political advertising to 
                publicize his or her intention to campaign for office;
                    (B) raises funds in excess of what could reasonably 
                be expected to be used for exploratory activities or 
                undertakes activities designed to amass campaign funds 
                that would be spent after he or she becomes a 
                candidate;
                    (C) makes or authorizes written or oral statements 
                that refer to him or her as a candidate for a 
                particular office;
                    (D) conducts activities in close proximity to the 
                election or over a protracted period of time; or
                    (E) has taken action to qualify for the ballot 
                under State law.
            (3) The term ``office, civil or military, under the United 
        States'' includes the Office of the President and Vice 
        President.
            (4) The term ``officer of the United States'' includes the 
        President and Vice President.
            (5) The term ``Capitol Buildings'' has the meaning given 
        such term in section 5101 of title 40, United States Code.

SEC. 2. FEDERAL OFFENSE.

    (a) In General.--Whoever, being a chief State election official, 
places on a ballot in an election for Federal or State office the name 
of an individual who has been found, pursuant to this Act, to be 
disqualified from holding public office under section 3 of the 14th 
Amendment, shall be fined under title 18, United States Code, or 
imprisoned not more than one year, or both.
    (b) Definition.--In this section, the term ``chief State election 
official'' means the individual designated by the State under section 
10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to 
be responsible for coordination of the State's responsibilities under 
such Act.

SEC. 3. SEVERABILITY.

    If any provision of this Act, or any application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act and the application of this Act to any other 
person or circumstance shall not be affected.
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