Can insurrectionist enablers be disqualified from office?

[BidenPresident]

Section 3 of the 14th Amendment disqualifies an elected official from holding federal office if they “engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof.” In the aftermath of the violent insurrection on Jan. 6, scholars and politicians began to consider whether members of Congress or the defeated former president should be blocked from holding office.

https://www.washingtonpost.com/opini...s-complicated/

[Damocles]

My best guess at a real answer to a puerile waste of a question:

Not if they are not convicted. There is a right that we have that makes us innocent until proven guilty. If you cannot convict them of a crime related to this you cannot make them pay for something for which a jury has not found them guilty.

[Poor Richard Saunders]

My best guess at a real answer to a puerile waste of a question:

Not if they are not convicted. There is a right that we have that makes us innocent until proven guilty. If you cannot convict them of a crime related to this you cannot make them pay for something for which a jury has not found them guilty.

The Constitution only requires that they be engaged in the act, not that they be convicted of it. That would move it into a civil question as opposed to a criminal one. The bar would still be pretty high to have to prove the act and a court would likely have to rule on the question of whether they can be on the ballot based on evidence showing they actually committed the act. I would guess most courts would leave it up to the voters to decide.