New Hampshire Secretary of State David Scanlan, facing center, addresses observers' concerns during the recount of state House races in November 2022.
Washington CNN  — 

Election officials in key battleground states are studying the legal viability of efforts to disqualify Donald Trump from running for president, based on the 14th Amendment’s ban on insurrectionists holding public office.

A post-Civil War provision of the 14th Amendment says any American official who takes an oath to uphold the Constitution is disqualified from holding any future office if they “engaged in insurrection or rebellion.” However, the Constitution does not spell out how to enforce this ban and it has only been applied twice since the late 1800s, when it was used extensively against former Confederates.

New Hampshire Secretary of State David Scanlan, a Republican, said earlier this week that he asked the state’s attorney general to examine the matter and advise him on the “provision’s potential applicability to the upcoming presidential election cycle.” The attorney general’s office said it was “carefully reviewing the legal issues.”