To say that Donald Trump could be indicted over his role in the January 6 attack is an understatement. But even if he avoids criminal charges and somehow survives his legal difficulties and challenges from other Republican Party contenders for the 2024 presidential nomination, he may find himself banned from appearing on ballots in six southern states —including five that he won in 2020— according to the Huffington Post.
The law, enacted in 1868 after the Civil War, bans insurrectionists from holding federal or state office, noted Huffington Post reporter S.V. Date.
“The third section of the 14th Amendment prohibits people who swore to defend the Constitution, but who subsequently took part in an insurrection against the United States, from holding state or federal office,” Date writes.
The law was passed to “put the burden” on states that seceded, compelling them to “keep those who have been involved in insurrections from seeking office” — which could include the former president.
The report also cites Gerard Magliocca, a law professor at Indiana University, who pointed out that the law is “still on the books” and “it could be appealed to.”
“The six states affected by the 1868 law — North Carolina, South Carolina, Georgia, Alabama, Louisiana and Florida — together have 88 electoral votes, or 33% of the total needed to win the presidency. Trump won all of them in 2020 except for Georgia, which he lost by 12,000 votes,” Date wrote.
He added: “The former president was impeached for inciting an insurrection by the House, but not enough Republicans in the Senate voted to convict him, arguing that they did not have the authority because Trump was no longer president. Had they done so, a simple majority vote could then have banned Trump from holding federal office for the rest of his life.”