Republicans have unveiled a controversial strategy to prevent Democratic Socialist Zohran Mamdani from assuming office as New York City’s mayor, should he win today’s election.
The plan involves invoking Section 3 of the 14th Amendment, a provision originally created during the Civil War era to bar insurrectionists from holding public office.
Mamdani, 34, enters election day with a commanding lead in most polls, showing double-digit advantages over his opponents, former Governor Andrew Cuomo and Curtis Sliwa.
The New York Young Republican Club originated the idea that has since gained traction among Congressional Republicans.
The organization argues that Mamdani’s stated opposition to Immigration and Customs Enforcement (ICE) should qualify him for disqualification under the constitutional provision.
“There is a real and legitimate push to see the insurrectionist Zohran Mamdani either a) removed from the ballot or b) removed from office if he is to win on Tuesday,” New York Young Republicans President Stefano Forte told the New York Post.
The House GOP is considering adding the matter to Speaker Mike Johnson’s agenda once the current government shutdown concludes.
The 14th Amendment’s Section 3 states that individuals who have “given aid or comfort to the enemies” of America or “engaged in insurrection or rebellion” cannot hold office.
Republicans contend that Mamdani’s anti-ICE positions meet this threshold for disqualification.
Legal experts acknowledge the plan faces significant hurdles. It would require majority support in the House of Representatives and 60 votes in the Senate to advance. Additionally, any action taken would likely face court challenges that could extend for months or years.
The strategy draws on precedent from the 2024 presidential election when similar arguments were used in attempts to remove Donald Trump from ballots in Colorado.
The Supreme Court ruled in March 2024 that “States may not unilaterally disqualify Donald Trump from the ballot” and determined that “Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States.”
The nine-member Supreme Court unanimously agreed that “Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”
Congressional Republicans may now attempt to use this ruling to support their case against Mamdani.
President Trump has taken an active role in opposing Mamdani’s candidacy, posting on Truth Social Monday evening about his intentions regarding federal funding.
“If Communist Candidate Zohran Mamdani wins the Election for Mayor of New York City, it is highly unlikely that I will be contributing Federal Funds, other than the very minimum as required, to my beloved first home, because of the fact that, as a Communist, this once great City has ZERO chance of success, or even survival!” Trump wrote.
Trump described a potential Mamdani administration as “a complete and total economic and social disaster,” stating that the socialist’s principles “have been tested for over a thousand years and they have never once been successful.”
The president made the unusual decision to endorse Cuomo despite their well-documented feud during Trump’s first term.
“Whether you personally like Andrew Cuomo or not, you really have no choice. You must vote for him, and hope he does a fantastic job. He is capable of it, Mamdani is not!” Trump declared.
He also suggested that voting for Republican nominee Sliwa amounted to “a vote for Mamdani” and commented that the Guardian Angels founder “looks much better without the beret.”
Sliwa responded to Trump’s comments by calling the president hypocritical. “Even the President said Andrew Cuomo handled COVID horribly, destroyed New York, and was a total loser, and now Cuomo wants another shot at this city? The people will decide, and they’ll reject him again because New Yorkers won’t be bullied back into the past,” Sliwa told the Daily Mail.
