Democrat LaKesha Womack defeated Republican Rep. Tim Moore in North Carolina’s 14th Congressional District while facing a felony charge involving an allegedly unreturned rental car. Her court appearance is scheduled for November 10th, one week after the election. Womack publicly acknowledged missing the return deadline and owing money. A conviction could affect her congressional duties, although it wouldn’t automatically cost her the seat.
Authorities served Womack with a criminal summons at a Democratic Party campaign rally in Polk County on October 11th. The allegations concern a 2019 Toyota Corolla rented from Budget Car Rental, with a listed value of $20,000. Court documents allege that she failed to return the vehicle by October 23rd, 2019. The original summons was issued on January 14th, 2020, and returned unserved on February 13th, 2020.
The charge is felony failure to return a hired motor vehicle valued at more than $4,000, a Class H felony. Womack hasn’t yet been convicted in the case. She has said she was “experiencing homelessness” at the time and lacked an address to receive mail. She subsequently retained an attorney and declined to discuss what happened to the car during a television interview.
Carolina Journal reported that Womack addressed the dispute in an October 9th campaign video. “And I did not return the rental car on time,” she said. She also acknowledged owing money and said she had previously believed the issue was resolved. The outlet obtained a November 2019 police incident report documenting unsuccessful attempts to locate the renter.
Under North Carolina’s statute, the offense requires willfully failing to return rented property to its owner when the rental period expires. The felony threshold concerns the motor vehicle’s value at the time of rental, rather than the amount of an unpaid bill. Her statements could be relevant evidence, though a conviction requires proof of every element beyond a reasonable doubt.
North Carolina’s constitution disqualifies people convicted of felonies from office until their citizenship rights are restored, but the state cannot impose that additional qualification on members of Congress. The Congressional Research Service explains that federal constitutional qualifications control. House members must be at least 25, have been U.S. citizens for seven years and inhabit the state they represent when elected. Residence in the particular district isn’t even required.
A felony conviction, even one resulting in imprisonment, doesn’t automatically disqualify someone from congressional service. Separate constitutional restrictions cover circumstances such as insurrection after taking an oath to support the Constitution, or disqualification imposed following impeachment and conviction. An ordinary rental-car offense wouldn’t fall within those categories. The House can expel a member, but that requires a separate two-thirds vote rather than an automatic consequence of a state conviction.
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Watch the report and Womack’s response here:
The House’s current Code of Official Conduct nevertheless provides consequences for certain criminal cases. A member formally charged with a felony carrying a possible sentence of at least two years should resign from committees and step aside from party caucus or conference leadership positions. Following conviction of an offense carrying that potential punishment, a member should refrain from committee business and House floor voting. These provisions concern the possible penalty and contain exceptions for specified legal developments; the post-conviction restriction also contains an exception for reelection after conviction.
In an October 29th interview, WSOC-TV reporter Joe Bruno questioned Womack about the vehicle. The station also obtained body-camera footage showing her being served outside the campaign event. Womack challenged the timing of the summons shortly before early voting began. Asked what happened to the rental car, she answered, “I can’t talk about that because it is an ongoing legal case.”
Featured image credit: screengrab from the embedded video.