Rep. Tim Burchett says he will move to block seating of NY socialist Darializa Avila Chevalier

Republican U.S. Rep. Tim Burchett announced he will seek a simple‑majority vote in January to block the seating of New York Democratic Socialist nominee Darializa Avila Chevalier if she wins the November 3 congressional election.

Burchett says the move is warranted because Chevalier posted in December 2019 that she used the American flag as a napkin, a gesture he described as an affront to the flag and to his family’s military service. He told the New York Post, "You take an oath to uphold the Constitution, and you’re pretty much disavowing it right there. I just think we’ve lost our compass."

Chevalier, a 32‑year‑old candidate who upset five‑term Rep. Adriano Espaillat in the Democratic primary for New York’s 13th district, later expressed regret over the comment but has not retracted it. The post, which has since been deleted, read, "I forgot to get napkins so I just wiped my hand on the American flag behind me." She identifies as a democratic socialist and has been endorsed by New York Mayor Zohran Mamdani.

Burchett, whose father served as a World War II Marine and whose maternal uncle Roy Hicks was wounded after D‑Day, cited a 48‑star flag that draped his uncle’s casket and now hangs in his Knoxville office as a personal symbol of respect for the flag.

"If we vote to seat them, is one Democrat going to say no? I’m not going to vote to seat those people. Are they gonna say anything? Democrats died for this country as well as Republicans did," Burchett said.

Legal experts note that the Constitution grants each chamber the authority to judge the qualifications of its members, but the Supreme Court’s 1969 decision in Powell v. House of Representatives limited that power when a member meets the constitutional criteria. GOP operative John Feehery warned that refusing to seat lawmakers based on contested statements could cripple the House’s ability to function.

Chevalier faces Republican Jomo M. Williams in the general election, and the race is expected to be closely watched as a test of how far partisan disputes may extend into procedural battles over the seating of elected officials.

The upcoming January session will determine whether Burchett’s motion proceeds, a development that could set a new precedent for how personal conduct and social‑media history factor into the certification of congressional members.