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.