CHARLOTTE, N.C. — New polling shows former president Donald Trump leading the Republican field for president by 46 points, which has a lot of Democrats concerned. Now, there is a new effort with roots in North Carolina to keep Trump off the presidential ballot.
A novel legal strategy dating back to the Civil War could keep Trump off the ballot.
The 14th Amendment disqualifies anti-government insurrectionists from holding federal office, and some say Trump could be disqualified because of his role during the attack on the Capitol on Jan. 6.
It was put to the test in the Tar Heel State back in 1869, when a pro-Confederate sheriff in Moore County was banned from taking office after the war, despite winning the election.
The North Carolina Supreme Court ruled the 14th Amendment doesn't require someone to be criminally convicted of insurrection.
More recently, a similar argument was made to target former congressman Madison Cawthorn for his participation in the Capitol attack. But he lost the GOP primary before the case could be resolved.
Experts said it could be harder to pull off with a presidential candidate who's on the ballot in 50 states.
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