Maine Court Allows Trump to be Listed on State Republican Primary Ballot Pending Supreme Court Decision

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ICARO Media Group
Politics
17/01/2024 22h57

In a recent development, the Maine Superior Court has ruled that former President Donald Trump can appear on the state's Republican presidential primary ballot, at least for now. The court has sent the dispute over Trump's eligibility for a second term back to the secretary of state, Shella Bellows, for further proceedings once the U.S. Supreme Court makes a ruling in a similar case from Colorado.

Justice Michaela Murphy, who sits on the superior court in Augusta, issued a 17-page order stating that the December decision made by Secretary of State Bellows, a Democrat, should remain on hold until the Supreme Court's decision in the Colorado dispute is announced.

The primary is scheduled for March 5 in Maine, and Murphy emphasized that eligible voters who wish to cast their vote for Trump will be able to do so, provided the Supreme Court does not find him disqualified before that date. The winner will be determined by ranked-choice voting.

Under Maine law, Murphy has the authority to send the matter back to Bellows and order her to issue a new ruling once the Supreme Court decides the Colorado case. Bellows will have 30 days after the Supreme Court's decision to modify, withdraw, or confirm her original determination regarding Trump's eligibility for office.

According to Murphy, there are several federal issues at play in the Colorado dispute, making it improper for the Maine court to be the first to address such matters. She expressed hope that the Supreme Court's decision will clarify the role of state decision-makers in adjudicating claims of disqualification under Section Three of the 14th Amendment.

Trump had requested the Maine Superior Court to review Bellows' decision, which concluded that he is not qualified to hold the presidency under Section Three of the 14th Amendment. This provision prevents individuals who engage in insurrection against the Constitution from holding public office. Bellows found that Trump's actions before and on January 6, including his encouragement of supporters to march to the Capitol, amounted to insurrection.

Bellows' ruling was the first and only state election official's unilateral decision to find Trump ineligible for the state's primary ballot. However, she allowed him to appeal to the superior court. Meanwhile, Maine and twelve other states are scheduled to hold their primary elections on March 5.

Trump's legal team argued that Bellows exhibited bias and lacked legal authority to consider the constitutional issues raised by the voters contesting his eligibility. They claimed that she had unlawfully deprived the people of Maine of their choice for a major party's presidential nominee.

Bellows defended her impartiality and pointed out that Section Three does not require Congress to pass legislation for its enforcement. She maintained that Trump's actions constituted an attack on the Capitol and the peaceful transfer of power, making him ineligible under Section Three.

The ultimate decision on Trump's eligibility for a second term rests with the U.S. Supreme Court. The Court agreed to review a Colorado Supreme Court decision that disqualified Trump from holding the presidency, marking the first successful use of Section Three to render a candidate ineligible. A ruling from the highest court in the land will determine whether Trump can be listed on the primary ballot not only in Colorado but across the country. The justices are expected to issue their decision shortly after hearing arguments on February 8.

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

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