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January 14, 2021

Madam Speaker,

On behalf of the Democratic Party of North Carolinas 5th Congressional District, we respectfully request action to address the seditious behavior of our Representative, Virginia Foxx. By objecting to certification of the electors from the Commonwealth of Pennsylvania, Ms. Foxx sought to disenfranchise millions of Pennsylvanian voters in support of the loser of that Commonwealths election, Donald J. Trump. By continuing through with the objection, Ms. Foxx sided with those who incited the attack on January 6, 2021, and those insurrectionists who invaded the Capitol facility, threatening the lives of the Vice-President, Members of Congress (including yourself), as well as the Congressional and Capitol facility staff.

Ms. Foxx has claimed to object out of an abiding respect for the Constitution in reflection of supposed violations of Article II, Section I of the Constitution in which there is no stated direction as to how the states manage their election process regarding Presidential electors. The reality is that the Republican Members publicly stated goal in raising multiple objections to states elector certification was to overturn the election in favor of the defeated President Trump. This action goes against the intent of the Electoral Count Act of 1887, which sought to minimize Congressional involvement in election disputes. This grossly un-democratic attempt to subvert the will of the people reflects a violation of her duty as called to in the Amendment XIV of the Constitution, Section 3:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

As constituents of Ms. Foxx, we want to be very clear that we do not feel adequately represented by an individual who would publicly stand with insurrectionists. We want to make clear that this is not done in hopes to undermine the recent election that Rep. Foxx fairly won despite many similar election process changes in our great state of North Carolina that were done in Pennsylvania. The sheer hypocrisy in challenging the results of Pennsylvania, where Biden won, but not North Carolina, where Trump was victorious, is obvious in their ultimate intentions: disregarding the will of the majority of Americans as reflected in the Electoral College totals. We recognize that due to targeted gerrymandering by the NCGOP-led NC General Assembly any replacement for Ms. Foxx in the Fifth District would come from special election that a Republican candidate is favored to win.

Therefore, we respectfully request that the House of Representatives conduct an investigation for Ethics Violations regarding Ms. Foxxs aforementioned Acts of Sedition. If the two-thirds vote necessary for expulsion cannot be secured, we request that the House of Representatives formally censure Ms. Foxx on behalf of her constituents in the 5th Congressional District.

Signed

5th District Democrats of North Carolina Executive Committee

District Officers:

Charlie Wallin Chair Watauga

Emily Hogan-Secretary Watauga

David Griffith-Treasurer Burke

Betsy Wells-1st Vice Chair-Democratic Women Representative Cleveland

Peggy Rumbold-2nd Vice Chair Alexander

Mandy Marxen-3rd Vice Chair Wilkes

County Chairs:

Larry Price Alexander

Tom Smith Alleghany

Ralph Sorrell Ashe

Pam Genant Burke

Tiege West Caldwell

Lynn Dorfman Catawba

Curtis Pressley Cleveland

Daniel Caudill Gaston

Diane Tilson Watauga

Kathryn Charles Wilkes

Other Members:

Rusty Henson Watauga

Cynthia Atwood Alleghany

Brandon Whitaker Wilkes

Polly Jones Ashe

Nancy Miller Catawba

Joyce Coleman Cleveland

Cortney Bohannon Rutherford

Jerry Crisp Burke

Barbara Kirby Gaston

Anna Robinson Rutherford

Cezanne Vielkanowitz Gaston

David Wilson Brown Gaston

Jeanne Supin Watauga

Robin Jordan Gaston

Collen Balco Alexander

Gale Jones Minority Affairs Liaison- Burke

Cliff Moone-Parliamentarian Catawba

Dorian Palmer-Western Regional Director of Young Democrats-Burke

Nancy Moore-Senior Democrats Representative-Gaston

Wilkes County Officers:

Kathryn Charles, Chair Wilkes County

Brandon Whitaker, 1st Vice Chair Wilkes County

Mandy Marxen, 2nd Vice Chair Wilkes County

Richard Madison, 3rd Vice Chair Wilkes County

Judy Miller, Secretary Wilkes County

Connie Cox, Treasurer Wilkes County

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