A federal appeals court is next up to weigh whether North Carolina Rep. Madison Cawthorn's candidacy this year can be challenged by voters based on a section of the Constitution addressing insurrection.
A 4th U.S. Circuit Court of Appeals panel in Virginia scheduled arguments for Tuesday in a lawsuit the first-term Republican congressman filed.
A District Court judge in March agreed with Cawthorn and prevented the State Board of Elections from formally examining whether he should stay off the ballot based on his involvement with the rally that preceded the U.S. Capitol riot in January 2021.
The judge ruled an 1872 law prevented current members of Congress from being subject to disqualifications that would have otherwise kept them out of office. Registered voters disagreed and appealed. Cawthorn is running in the May 17 primary.
Similar challenges have been filed in other states. A Georgia state judge recently heard testimony from Rep. Marjorie Taylor Greene.