The Democratic secretary of state in Maine made the decision to exclude former President Donald Trump from the state’s presidential primary ballot. This move was made under the Constitution’s insurrection clause. Interestingly, this makes the secretary of state the first election official to take such action independently. It is worth noting that the U.S. Supreme Court is currently considering whether Trump can still run for office.
Secretary of State Shenna Bellows has made the decision to follow the ruling of the Colorado Supreme Court, which recently removed Trump from the ballot in that state based on Section 3 of the 14th Amendment. The decision is currently on hold until the U.S. Supreme Court determines whether Trump is eligible to hold office due to the provision that prohibits individuals who have participated in insurrection.
The Trump campaign has announced its intention to appeal Bellows’ decision to Maine’s state courts. In the meantime, Bellows has temporarily suspended her ruling until the court system reaches a verdict on the case. Ultimately, it is probable that the nation’s highest court will have the ultimate decision on whether Trump will be included on the ballot in Maine and other states.
Bellows discovered that Trump’s eligibility to run for his previous position was compromised due to his involvement in the attack on the U.S. Capitol on January 6, 2021. This violation of Section 3, which prohibits individuals who have participated in insurrection from holding office, rendered him ineligible. Bellows issued the ruling in response to concerns raised by state residents, including a group of former lawmakers from both sides of the political spectrum, who questioned Trump’s stance on the ballot.
“I do not reach this conclusion lightly,” Bellows wrote in her 34-page decision. “I am mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section 3 of the Fourteenth Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.”
The Trump campaign immediately slammed the ruling. “We are witnessing, in real-time, the attempted theft of an election and the disenfranchisement of the American voter,” campaign spokesman Steven Cheung said in a statement.
Legal experts argue that Thursday’s ruling highlights the necessity for the nation’s highest court to provide clarity on the actions that states are permitted to take, especially considering that the court has never ruled on Section 3 before.
“It is clear that these decisions are going to keep popping up, and inconsistent decisions reached (like the many states keeping Trump on the ballot over challenges) until there is final and decisive guidance from the U.S. Supreme Court,” Rick Hasen, a law professor at the University of California-Los Angeles, wrote in response to the Maine decision. “It seems a certainty that SCOTUS will have to address the merits sooner or later.”
Maine, with its modest four electoral votes, stands out as one of the two states that choose to divide them. If Trump were to emerge as the Republican general election candidate, his absence from the ballot in Maine, where he won one of the electors in 2020, could have significant implications in a race that is anticipated to be closely contested.
In contrast to Colorado, which Trump lost by 13 percentage points in 2020 and where he wasn’t expected to compete in November if he secures the Republican presidential nomination.
Recognizing the likelihood of the U.S. Supreme Court having the final say, Bellows emphasized the importance of fulfilling her official duty in her decision.
Her handling of the case garnered praise from the former state lawmakers who filed one of the petitions, earning her recognition for her work.
“Secretary Bellows showed great courage in her ruling, and we look forward to helping her defend her judicious and correct decision in court. No elected official is above the law or our constitution, and today’s ruling reaffirms this most important of American principles,” Republican Kimberly Rosen, independent Thomas Saviello and Democrat Ethan Strimling said in a statement.
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