In January 2022, after Representative Madison Cawthorn (R-NC) declared his intent to run for re-election, a group of North Carolina voters from Cawthorn's district filed suit, alleging that a speech he gave immediately prior to the Capitol attack incited it, and that therefore Section 3 disqualified him from holding federal office. A federal judge ruled that then-representative Madison Cawthorn, who had participated in the January 6 attack on the Capitol, could not be barred from the ballot as an insurrectionist due to the Amnesty Act of 1872 and entered a preliminary injunction in favor of Cawthorn, citing the Amnesty Act of 1872. However, on May 24, 2022, an appeals court ruled that this law applied only to people who committed "constitutionally wrongful acts" before 1872. A similar challenge, which a federal court declined to block, was filed in March 2022 against Marjorie Taylor Greene (R-GA) and heard in April 2022 in Atlanta. A Georgia administrative law judge ruled that Greene was eligible to appear on the 2022 Republican primary ballot in Georgia, and Secretary of State Brad Raffensperger and the Fulton County Superior Court affirmed this. Though Greene sued to strike down the state law as unconstitutional, a federal court said her complaint was moot, since this law ultimately did not deny her eligibility for re-election.
In January 2022 after Representative Madison Cawthorn (R-NC) declared his intent to run for re-election a group of North Carolina voters from Cawthorn's district filed suit alleging that a speech he gave immediately prior to the Capitol attack incited it and that therefore Section 3 disqualified him from holding federal office A federal judge ruled that then-representative Madison Cawthorn who had participated in the January 6 attack on the Capitol could not be barred from the ballot as an insurrectionist due to the Amnesty Act of 1872 and entered a preliminary injunction in favor of Cawthorn citing the Amnesty Act of 1872 However on May 24 2022 an appeals court ruled that this law applied only to people who committed "constitutionally wrongful acts" before 1872 A similar challenge which a federal court declined to block was filed in March 2022 against Marjorie Taylor Greene (R-GA) and heard in April 2022 in Atlanta A Georgia administrative law judge ruled that Greene was eligible to appear on the 2022 Republican primary ballot in Georgia and Secretary of State Brad Raffensperger and the Fulton County Superior Court affirmed this Though Greene sued to strike down the state law as unconstitutional a federal court said her complaint was moot since this law ultimately did not deny her eligibility for re-election