Former President Donald Trump walks off stage during a commit to caucus rally, Wednesday, Dec. 13, 2023, in Coralville, Iowa. AP photo

An Assembly Democrat is firing a broadside shot at former President Donald Trump with legislation formally filed this week in the state Assembly.

Assemblyman Jeffrey Dinowitz, D-New York City, introduced A.8392 on Wednesday. The bill would amend the state Election Law to remove an insurrectionist from the Presidential election ballot. Dinowitz’s bill adds another layer of complexity to Trump’s campaign, though Trump winning New York state in November is a longshot. It’s also likely Trump would file a court challenge if Dinowitz’ proposal becomes law.

Dinowitz proposes allowing the state Board of Elections to reject a presidential candidate’s certification for the election ballot if the Board of Elections finds the candidate has engaged in insurrection or rebellion against the United States or given aid or comfort to enemies of the United States. If the Board of Elections can’t make a decision, it would be referred to the state Attorney General’s office for a formal opinion within 24 hours. The Attorney General’s opinion would be conclusive unless it is reversed by a court “of competent jurisdiction,” according to the legislative memorandum. The bill rests on language ni Section 3 of the 14th Amendment to the U.S. Constitution that prohibits former federal officeholders who, having previously taken an oath to support the Constitution of the United States, engaged in insurrection or rebellion against the United States.

“The oath to support the United States Constitution that an individual must take before assuming the duties of elective office is in direct conflict with participating in an insurrection or rebellion against the United States. Anyone who participates in the insurrection or rebellion against the United States, like the one at the Capitol on January 6, 2021, betrays our country and is not suitable to serve in elective office. This legislation will ensure there is a process in place to preclude an individual who participated in an insurrection or rebellion against the United States from being able to serve in elective office,” Dinowltz wrote in his legislative justification.

The 14th Amendment was ratified in 1868 in part to ensure civil rights for freed slaves and to prevent former Confederate officers from running for Congress and attempting to overthrow the government they had rebelled against. Congress lifted that ban in 1872 and language prohibiting insurrectionists from office was only used twice since. In 1919 Congress refused to seat a socialist in Congress, saying he gave aid and comfort to the nation’s enemies during World War 1. A New Mexico judge ruled in 2022 that a county commissioner who entered the Capitol on Jan. 6, 2021, was barred from holding office under the clause.

Dinowitz’ legislation isn’t the only instance of Democrats’ use of the 14th Amendment to keep Trump from the ballot. Earlier this year, as civil and criminal cases against Trump began taking shape, two liberal non-profit organizations said they will sue state election officers if they place Trump on the 2024 ballot.

According to the Associated Press, the nonprofit Free Speech For People sent letters to top election official in all 50 states in 2021 requesting Trump’s removal if he were to run again for the presidency. The group’s legal director, Ron Fein, noted that after years of silence, officials are beginning to discuss the matter.

“The framers of the 14th Amendment learned the bloody lesson that, once an oath-breaking insurrectionist engages in insurrection, they can’t be trusted to return to power,” Fein said.

Ahead of the 2022 midterms, the group sued to remove U.S. Rep. Marjorie Taylor-Greene and then-Rep. Madison Cawthorn, both Republicans, from the ballot over their support for the Jan. 6 protest. The judge overseeing Greene’s case ruled in her favor, while Cawthorn’s case became moot after he was defeated in his primary.

Trump has argued that any effort to prevent him from appearing on a state’s ballot amounts to “election interference” — the same way he is characterizing the criminal charges filed against him in New York and Atlanta and by federal prosecutors in Washington, D.C., and Florida.

Michael McConnell, a conservative law professor at Stanford University who is not a Trump supporter, told the Associated Press in August that 14th Amendment claims aren’t a slam dunk and questioned if the provision even applies to the presidency because it is not one of the offices specifically listed in the 14th Amendment — which instead refers to “elector of president and vice president.” He also said it’s unclear whether the Jan. 6 attack constitutes an “insurrection” under the law or simply a less legally fraught incident such as a riot.

But McConnell also worries about the political precedent if Trump is ultimately removed from any state ballot.

“It’s not just about Trump. Every election where someone says something supportive of a riot that interferes with the enforcement of laws, their opponents are going to run in and try to get them disqualified,” he said.