Rep. Tim Burchett (R-Tenn.) plans to attempt to block Democratic nominee Darializa Avila Chevalier from taking her seat in Congress if she wins the election on November 3. This decision follows Chevalier's statement that she used the American flag as a napkin. Burchett stated in an interview with The Post that he intends to use a parliamentary move to prevent newly elected lawmakers from being seated before they take the oath of office. He expressed that Chevalier's comments are a disavowal of the Constitution and an affront to military service, particularly referencing his family's military history.
Burchett recalled a 48-star flag that hung on his uncle’s casket, who died in World War II, and expressed his discontent with Chevalier's remarks. He questioned whether any Democrats would oppose his motion to block her seating. Burchett's actions signal potential partisan conflicts in the new Congress, especially as Democrats may gain seats and more left-leaning lawmakers, including Chevalier, could influence the party's direction.
Chevalier, who previously defeated Rep. Adriano Espaillat in the primary for New York's 13th Congressional District, made her controversial comment in a now-deleted 2019 Twitter post. She later expressed regret for the statement. Burchett's plan could complicate the legislative process, as contested elections have historically delayed House operations. Political scientist Dr. Jeffery Jenkins noted that while there have been numerous contested elections, they have not significantly impacted Congress since the early 20th century.
Chevalier's campaign did not respond to requests for comment. The Constitution grants each House the authority to judge the elections and qualifications of its members, but Burchett's effort may face challenges without evidence of election irregularities or constitutional issues.