Donald Trump Appeals Removal from Maine Ballot, Citing Bias and Lack of Due Process

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ICARO Media Group
Politics
02/01/2024 22h59

Former President Donald Trump has formally appealed a decision by Maine's Secretary of State, Shenna Bellows, to remove him from the ballot. Trump filed an appeal with the superior court for Kennebec County, alleging bias, inadequate opportunity for defense, and lack of authority on the part of Bellows. The appeal comes in response to Bellows' ruling that Trump violated section 3 of the 14th amendment, which prohibits officials from holding office if they engage in insurrection or rebellion against the United States.

In the filing, Trump's lawyers argue that the secretary's decision was influenced by bias and a pervasive lack of due process. They claim that the ruling was arbitrary, capricious, and characterized by an abuse of discretion, pointing out that it was supported by insufficient evidence on the record. Additionally, they argue that Bellows did not have the statutory authority to consider the challenges raised under section 3 of the 14th amendment.

The appeal calls for the court to vacate Bellows' ruling and immediately reinstate Trump on the ballot. Trump's legal team disputes that Bellows' personal views played no role in her decision, asserting that the process was tainted by bias. Bellows had conducted a hearing on December 15, during which both Trump's attorneys and those challenging his eligibility presented their arguments.

It is worth noting that Trump is expected to appeal a separate decision from the Colorado Supreme Court, which also blocked him from the ballot on similar grounds. Both the Colorado Republican Party and the voters involved in the case have filed a request with the US Supreme Court for a hearing.

Section 3 of the 14th amendment, which aimed to prevent Confederate officials from holding office following the Civil War, has never been used to disqualify a presidential candidate. Consequently, the legal issue is expected to eventually reach the US Supreme Court for a definitive ruling.

Maine, with its four electoral votes, employs a unique system of allocating electoral votes. Instead of awarding all of them to the statewide winner, the state grants two electoral votes to the statewide victor and the remaining two based on the candidate who wins in each of the state's two congressional districts. In the 2020 election, President Joe Biden secured three of Maine's electoral votes, while Trump earned one.

As the legal battle continues, the debate over Trump's eligibility to appear on state election ballots has gained considerable attention. The ultimate decision on this novel legal issue is anticipated to rest with the US Supreme Court.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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