Maine Secretary Of State Removes Trump From 2024 Primary Ballot Due To ‘Support For Insurrection’

In a significant move with potential implications for the Electoral College, Maine’s Secretary of State, Shenna Bellows (D), has taken unilateral action to remove former President Donald Trump from the state’s presidential primary ballot. This action, based on the Constitution’s insurrection clause, marks the first instance of an election official making such a decision independently.

Maine, with its four electoral votes, is one of two states that splits its electoral votes. Trump secured one of Maine’s electors in the 2020 election. His absence from the ballot in the state could have disproportionate consequences if he emerges as the Republican candidate in the general election, especially with the anticipated tight race.

Bellows’ decision follows a ruling by the Colorado Supreme Court in December, which disqualified Trump from the ballot in that state under Section 3 of the 14th Amendment. Colorado, a predominantly Democratic state not expected to be competitive for Republicans, saw the removal as a result of the insurrection clause.

Bellows determined that Trump’s involvement in the attack on the U.S. Capitol on January 6, 2021, violated Section 3, which prohibits individuals who “engaged in insurrection” from holding office. The ruling came after some residents of the state, which included a bipartisan group of former lawmakers, challenged Trump’s eligibility to appear on the ballot.

Bellows’ decision came shortly after Trump’s legal team requested her disqualification, based on biased tweets. Bellows had referred to the U.S. Capitol attack as an “insurrection” and expressed disappointment that Trump was not convicted by the U.S. Senate after his impeachment by the U.S. House.

While Bellows’ ruling does not have finality with Trump’s political career, it can be appealed to Maine’s courts. The U.S. Supreme Court is expected to make a final decision early next year on whether Trump remains eligible to run for president.

Activists have urged state election officials across the country to remove Trump from their primary ballots under Section 3. However, until Bellows’ ruling, all such requests had been rejected, often on the grounds of awaiting court guidance on the interpretation of the clause, which has been invoked only sparingly since the post-Civil War era.

Maine law necessitated a public hearing on the matter, which Bellows held in December. As a lawyer and former executive director of the Maine chapter of the American Civil Liberties Union, Bellows allowed both sides to present additional arguments in light of the Colorado Supreme Court’s momentous decision on December 19, which found that Section 3 barred Trump from the ballot.

Trump’s campaign intends to appeal the Colorado court’s 4-3 ruling to the U.S. Supreme Court, which has not previously ruled on Section 3. The outcome of that appeal will have nationwide implications, such as Maine.

The Maine decision underscores the potential challenges for Trump if the issue is resolved on a state-by-state basis.

Trump lost Colorado by a margin of 13% points in 2020, and the state is not essential for his path to the presidency. However, Maine divides its electoral votes by congressional districts, and Trump has previously won the state’s second congressional district. Without his presence on the ballot there, his 2024 campaign would begin with a deficit of one Electoral College vote.

While the secretary of state’s office has not previously struck a presidential candidate from the ballot, similar actions have been taken against candidates for lower offices.

Last week, Florida Gov. Ron DeSantis (R), Trump’s opponent for the GOP presidential nomination, said that Trump would “absolutely” claim the Iowa caucuses were “stolen” if he loses them.