[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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