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Other language in that post-Civil War amendment, though, makes many experts believe that only Congress can enforce the ban, which means Senate Republicans could block any such action.But the 1868 law that readmitted the six states put the burden on them to keep those who have been involved in insurrections from seeking office — potentially making it considerably easier to keep Trump off their primary and general election ballots.“It’s still on the books,” said Gerard Magliocca, a law professor at Indiana University who studies the Reconstruction period. Trump won all of them in 2020 except for Georgia, which he lost by 12,000 votes.“We fully intend to pursue this type of challenge if Mr. Trump chooses to run.”Ron Fein, whose Free Speech For People group is already challenging North Carolina Rep. Madison Cawthorn’s attempt to seek reelection because of his participation in the Jan. 6 pre-riot rally, said that the constitutional ban on insurrectionists running for office applies everywhere, and the 1868 law merely helps explain what Congress meant.“Whether you’re in Maine or Mississippi or Alabama, the 14th Amendment applies,” he said.
As said here by S.V. Date