Maine barred Donald Trump from the primary ballot Thursday, making it the second state in the country to block the former president from running again under a part of the Constitution that prevents insurrectionists from holding office.
The decision by Maine Secretary of State Shenna Bellows (D) is sure to be appealed. The Colorado Supreme Court last week found Trump could not appear on the ballot in that state, and the Colorado Republican Party has asked the U.S. Supreme Court to review the case. The nation’s high court could resolve for all states whether Trump can run again.
Royal also argued that Trump violated Section 3, while Gordon’s challenge took a different tack, arguing that Trump is not eligible to be on the ballot because he claims to have won the 2020 election, which would have been his second term. The 22nd Amendment states that no person shall be elected to the office of president more than twice.
If this picks up steam, we could very well see another Republican candidate (most likely DeSantis) win the nomination and become Joe Biden's opponent.
On the other hand, the SCOTUS is Republican controlled. They already got Roe V Wade overturned and could very well rule in Trump's favour.
Part of me truly worries that America will be the first to fall to a new wave of Fascism, and that this will spur further swings in Europe. (AfD are performing alarmingly well in East Germany, whilst Le Pen has been closer than ever before to winning the French presidency.)
Maine is one of two states (Nebraska is the other) that doesn't give all their electoral votes to the popular vote winner in their state. Trump got one electoral vote there in both 2016 and 2020.
Former president Donald Trump arrives to speak at a campaign event held on Dec. 17 in Reno, Nev. (Jabin Botsford/The Washington Post)
Maine barred Donald Trump from the primary ballot Thursday, making it the second state in the country to block the former president from running again under a part of the Constitution that prevents insurrectionists from holding office.
The decision by Maine Secretary of State Shenna Bellows (D) is sure to be appealed. The Colorado Supreme Court last week found Trump could not appear on the ballot in that state, and the Colorado Republican Party has asked the U.S. Supreme Court to review the case. The nation’s high court could resolve for all states whether Trump can run again.
In 1868, three years after the end of the Civil War, the United States adopted the 14th Amendment to the Constitution to provide legal protections to those who had formerly been enslaved. In addition, Section 3 of the amendment barred those who had sworn an oath to the Constitution from holding office if they engaged in insurrection. That provision was used at the time to keep former Confederates out of office but has rarely been mentioned in recent decades.
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Trump’s critics cited that section of the Constitution after the Jan. 6, 2021, attack on the U.S. Capitol, arguing Trump had incited and participated in an insurrection through his actions before and during the riot. They submitted challenges to his candidacy around the country.
So far, only Colorado and Maine have sided with those challenging his ability to run again. The Colorado court has put its 4-3 decision on hold while the U.S. Supreme Court considers whether to take the case, so for the time being his name is slated to appear on the primary ballot there.
“The events of January 6, 2021 were unprecedented and tragic," Bellows wrote in Thursday’s decision. "They were an attack not only upon the Capitol and government officials, but also an attack on the rule of law. The evidence here demonstrates that they occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and [Maine law]requires me to act in response.”
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Colorado, Maine and more than a dozen other states hold their primaries on March 5, which is also known as Super Tuesday. Election officials need firm answers on who can appear on ballots weeks before then so they can print ballots and mail them to absentee voters, including ones who are overseas.
The challenges to Trump’s candidacy have focused on state primaries because Republicans won’t choose their nominee until states hold their nominating contests and the party holds its national convention in July. If Trump’s ability to run has not been resolved by then, attention would shift to the general election.
Colorado Supreme Court ruling bars Trump from primary ballot
Trump’s opponents have targeted their efforts to states where it is easiest to object to a candidate’s eligibility. In Maine, voters filed their challenges under a state law that allows them to lodge objections with the secretary of state. Bellows held an 8-hour-long live-streamed hearing on those challenges on Dec. 15 under a provision of that law and determined Thursday that Trump’s name cannot appear on Maine’s primary ballot.
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Trump has five days to appeal the determination to Maine’s Superior Court. From there, the appeal could go to the state’s Supreme Judicial Court and the U.S. Supreme Court.
During the hearing, Bellows did not offer hints on how she was leaning and asked attorneys to weigh in on whether they believed she had the authority to prevent Trump’s name from appearing on the ballot. The Colorado Supreme Court issued its decision four days after Bellows held her hearing, and she allowed Trump and the challengers to file briefs responding to the ruling and say whether it should influence her thinking about whether Trump should appear on the ballot in Maine.
Maine’s legislature chose Bellows as secretary of state nearly three years ago. She previously served as a state senator and executive director of the American Civil Liberties Union of Maine. She was defeated in a 2014 run against Sen. Susan Collins (R-Maine).
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On Wednesday, a day before Bellows issued her ruling, attorneys for Trump asked her to disqualify herself from the case because of past comments she made about Jan. 6. In social media posts in 2021, she called the riot at the U.S. Capitol an insurrection and said she supported Trump’s impeachment for the attack.
The high courts in Minnesota and Michigan recently allowed Trump’s name to appear on the primary ballot in those states. Meanwhile, challengers have asked the Oregon Supreme Court to review the issue. A Texas tax consultant has lost a string of challenges to Trump’s candidacy that he has filed in federal courts around the country.
The most closely watched court, however, is the U.S. Supreme Court. The Colorado Republican Party filed its request for review on Wednesday and, Trump is expected to do the same soon.
Patrick Marley writes about voting issues in the Upper Midwest for The Washington Post. He previously covered the Wisconsin Capitol for the Milwaukee Journal Sentinel.
The Constitution doesn't give the deciding power to the SCOTUS, it requires a 3/4 vote of Congress to resolve this.
It's completely unconstitutional for the SCOTUS to be making the final decision. They should be the ones penalizing any state that doesn't remove him from the ballot for violating the Constitution.
What does this even mean? If he allowed in all the other states and wins. Do these 2 states have to follow suit? Do they elect their own president? Are they independent for the interim?