,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gijf ,,in ,,the ,,house ,,of ,,representatives ,may #bg1 #bjbb,ms4 ,wasserman ,schultz 7for herself and ,mr4 ,raskin7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a civil action for disqualification under section #c of the #adth ,amendment to the ,constitution1 and for other purposes4 #a4 ,civil actions for disqualification under section #c of the #adth ,amendment 7a7 ,responsibilities of the ,attorney ,general ,the ,attorney ,general is authorized to-- 7#a7 investigate conduct that would constitute cause for a disqualification pursuant to section #c of the #adth ,amendment2 and 7#b7 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 #c of the #adth ,amendment is disqualified from holding office under section #c of the #adth ,amendment1 and preventing that candidate's name from appearing on a ballot in an election for ,federal or ,state office4 7b7 ,actions by private persons 7#a7 ,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 7a77#b7 against an individual described in paragraph 7#b7 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 candidacy4 7#b7 ,individual described ,an individual described in this subsection is an individual who has engaged in insurrection or rebellion against the ,united ,states1 or has given aid or comfort to the enemies of the ,united ,states4 7#c7 ,notice to ,government ,in the case of an action brought under subsection 7b71 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 #d7;d77#d7 of the ,federal ,rules of ,civil ,procedure4 ,the ,government may elect to intervene and proceed with the action within #fj days after it receives both the complaint and the material evidence and information4 7#d7 ,extension ,the ,government may1 for good cause shown1 move the court for extensions of the time to review the complaint1 material evidence and information4 7#e7 ,determination of ,government ,before the expiration of the #fj-;day period or any extensions obtained under paragraph 7#d71 the ,government shall-- 7,a7 proceed with the action1 in which case the action shall be conducted by the ,government2 or 7,b7 notify the court that it declines to take over the action1 in which case the person bringing the action shall have the right to conduct the action4 7c7 #c-;,judge panel2 appeals ,an action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 ,it shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date1 to participate in the hearing and determination thereof1 and cause the case to be in every way expedited4 7d7 ,standard of proof ,the court shall grant the relief described in subsection 7a77#b7 in an action under subsection 7a7 or 7b7 upon a showing1 by a preponderance of the evidence1 that the defendant should be disqualified from holding office pursuant to section #c of the #adth ,amendment4 7e7 ,chief ,state election officials ,the court may require the joinder1 and shall permit the intervention1 of a chief ,state election official 7as such term is defined in section #b7 having an interest in the action under this section4 7f7 ,rights of the ,government 7#a7 ,service of process ,if the ,government elects not to proceed with the action1 the person who initiated the action shall have the right to conduct the action4 ,if the ,government so requests1 it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts 7at the ,government's expense74 ,when a person proceeds with the action1 the court1 without limiting the status and rights of the person initiating the action1 may nevertheless permit the ,government to intervene at a later date upon a showing of good cause4 7#b7 ,stay of discovery ,whether or not the ,government proceeds with the action1 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 facts1 the court may stay such discovery for a period of not more than #fj days4 ,such a showing shall be conducted in camera4 ,the court may extend the #fj-;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 proceedings4 7g7 ,insurrection against the ,united ,states ,for purposes of this section-- 7#a7 7,a7 the ,january #f1 #bjba1 attack on the ,united ,states ,capitol ,buildings constitutes an insurrection against the ,united ,states2 7,b7 the attempt to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several ,states under section #ae of title #c1 ,united ,states ,code1 on ,january #f1 #bjba1 with intent to displace the lawfully elected ,president of the ,united ,states or thwart the will of the majority of electors1 constitutes an insurrection against the ,united ,states2 and 7,c7 any person who was a participant in an activity described in paragraph 7#a7 is deemed to have engaged in insurrection4 7h7 ,definitions ,in this section3 7#a7 ,the term participant means1 with respect to the activity described in subsection 7g77#a71 any person who-- 7,a7 was physically present within the ,capitol ,buildings on ,january #f1 #bjba1 without authorization1 who knew or reasonably should have known that their actions would have the effect of disrupting ,congressional proceedings or intimidating ,members of ,congress1 the ,vice ,president1 or ,congressional personnel2 7,b7 gave direction1 information1 funding1 or otherwise provided aid to facilitate access to the ,capitol ,buildings on ,january #f1 #bjba1 and knew or should have known there was a reasonable likelihood that the person to whom such direction1 information1 funding1 or other aid was provided1 would enter the ,capitol ,buildings unlawfully for the purpose of disrupting ,congressional proceedings or intimidating ,members of ,congress1 the ,vice ,president1 or ,congressional personnel1 from executing of their duties2 7,c7 incited1 or attempted to persuade1 another to gain unauthorized access to the ,capitol ,buildings on ,january #f1 #bjba1 and knew or should have known that the individual incited or persuaded would likely attempt to disrupt ,congressional proceedings or intimidate ,members of ,congress1 the ,vice ,president1 or ,congressional personnel from executing their duties2 7,d7 had the duty or authority to halt the attack on ,january #f1 #bjba1 but knowingly failed1 refused1 delayed1 or obstructed others in doing so2 or 7,e7 conspired or attempted to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several ,states under section #ae of title #c1 ,united ,states ,code1 on ,january #f1 #bjba1 with intent to displace the lawfully elected ,president of the ,united ,states or thwart the will of the majority of electors4 7#b7 ,the term candidate means an individual who-- 7,a7 uses general public political advertising to publicize his or her intention to campaign for office2 7,b7 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 candidate2 7,c7 makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office2 7,d7 conducts activities in close proximity to the election or over a protracted period of time2 or 7,e7 has taken action to qualify for the ballot under ,state law4 7#c7 ,the term office1 civil or military1 under the ,united ,states includes the ,office of the ,president and ,vice ,president4 7#d7 ,the term officer of the ,united ,states includes the ,president and ,vice ,president4 7#e7 ,the term ,capitol ,buildings has the meaning given such term in section #eaja of title #dj1 ,united ,states ,code4 #b4 ,federal offense 7a7 ,in general ,whoever1 being a chief ,state election official1 places on a ballot in an election for ,federal or ,state office the name of an individual who has been found1 pursuant to this ,act1 to be disqualified from holding public office under section #c of the #adth ,amendment1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than one year1 or both4 7b7 ,definition ,in this section1 the term chief ,state election official means the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 #c4 ,severability ,if any provision of this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of this ,act to any other person or circumstance shall not be affected4