Maine has become the second state to disqualify Donald Trump from its presidential primary ballot, citing a constitutional provision that prevents insurrectionists from holding office. The decision by Secretary of State Shenna Bellows follows a similar ruling by Colorado's supreme court on 19 December.
Bellows, a Democrat, concluded that Trump should be barred for inciting an insurrection on 6 January 2021. “I do not reach this conclusion lightly,” she said. “I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on section 3 of the 14th amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.”
The Trump campaign immediately vowed to appeal, with spokesperson Steven Cheung describing the move as “partisan election interference” and a “hostile assault on American democracy”. Bellows has suspended the effect of her decision until Maine's highest court rules on any appeal.
The ruling applies to Maine's March primary, but its conclusion would probably also affect Trump's status for the November 2024 general election. Maine is one of two states that split its electoral votes, and Trump won one of the state's four electors in 2020.
Both the Maine and Colorado decisions rely on section 3 of the 14th amendment, a post-civil war provision intended to prevent Confederates from returning to power. Legal scholars argue it applies to Trump because of his role in attempting to overturn the 2020 election and obstruct the peaceful transfer of power.
Lawsuits in Minnesota and New Hampshire were dismissed, while an appeal is pending in Michigan. The US supreme court may ultimately resolve the issue nationwide, with appeals already filed by the Colorado Republican party and expected from Trump. The court has a 6-3 conservative majority, including three justices nominated by Trump.
