Former President Trump Appeals Decision Removing Him from Maine Primary Ballot
ICARO Media Group
Former President Donald Trump has filed an appeal in Kennebec County Superior Court after being disqualified from the primary ballot in Maine. Last week, Maine Secretary of State Shenna Bellows (D) ruled that Trump is ineligible under the 14th Amendment's insurrection ban, making Maine the second state to do so. Trump's appeal sets in motion a fast-tracked timeline dictated by state law to resolve the matter.
If the case is not resolved in Kennebec County, it could potentially reach the U.S. Supreme Court, which is already grappling with a similar 14th Amendment case that resulted in Trump's removal from the primary ballot in Colorado.
According to Maine state law, the judge has 20 days from Bellows's decision, issued on December 28, to make a ruling on the case. Until then, Bellows's ruling is on hold, which means Trump's name will remain on Maine's primary ballot. The primary is scheduled to take place on Super Tuesday, March 5.
Following a decision in Kennebec County, the losing side would have the option to appeal to Maine's highest court. State law allows for a two-week period for a decision to be made at that level. If the case continues, it could potentially be brought before the Supreme Court.
Trump campaign spokesman Steven Cheung criticized Bellows's decision, accusing her of exceeding her authority and disregarding the Constitution. The campaign argues that Trump's removal from the ballot infringes upon the rights of Maine voters. Only Maine and Colorado have taken the extraordinary step of removing Trump's name from their primary ballots, although over two dozen challenges have been filed nationwide under the 14th Amendment.
The 14th Amendment prohibits individuals who "engaged in insurrection" after taking an oath to support the Constitution from holding any office under the United States. Plaintiffs in these cases claim that Trump's actions related to the January 6, 2021, Capitol attack qualify as insurrection and disqualify him from returning to the White House. The legal battles also center around whether the amendment applies to the presidency and whether state courts and officials have the authority to enforce its provisions.
Trump's appeal argues that he did not engage in insurrection and disputes Bellows's authority under state law to remove his name from the ballot. The filing also contends that the 14th Amendment's insurrection ban does not apply to the presidency and suggests that legislation from Congress would be needed to enforce it.
Trump and his campaign have been highly critical of Bellows and her decision. Trump's lawyers had requested Bellows's recusal prior to her ruling, describing her as a partisan Democrat and former ACLU executive who is allegedly abusing her office to support her preferred candidate, Joe Biden. The campaign remains determined to challenge the decision and is confident of success not only in state courts but also in the upcoming presidential election.
While Trump has yet to appeal the decision in Colorado, it is anticipated that he will do so imminently. The Colorado Republican Party has already filed a separate appeal in relation to the case. The outcomes of both appeals will have significant implications for Trump's candidacy in the primaries and potentially shape the upcoming election landscape.