In a significant move with potential implications for the Electoral College, Maine’s Secretary of State, Shenna Bellows (D), has removed former President Donald Trump from the state’s presidential primary ballot. This decision, based on the Constitution’s insurrection clause, marks the first instance of an election official independently taking such action.
Maine, known for splitting its electoral votes, is one of two states to do so. Trump secured one of Maine’s electors in the 2020 election. His absence from the state’s primary ballot could have disproportionate consequences if he becomes the Republican candidate in the general election.
Bellows’ ruling comes after the Colorado Supreme Court disqualified Trump from the ballot in that state under Section 3 of the 14th Amendment. Colorado, predominantly Democratic, 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 of the 14th Amendment. This section prohibits individuals who engaged in insurrection from holding office. Bellows’ ruling came after residents of Maine, along with a bipartisan group of former lawmakers, challenged Trump’s eligibility to appear on the ballot.
Trump’s legal team had requested Bellows’ disqualification based on her allegedly biased tweets. Bellows had referred to the U.S. Capitol attack as an insurrection and expressed disappointment over Trump’s acquittal by the U.S. Senate after impeachment by the U.S. House.
While Bellows’ ruling is not final regarding Trump’s political career, it can be appealed to Maine’s courts. The U.S. Supreme Court is expected to make a final decision in early 2023 on whether Trump remains eligible to run for president.
Advocates have been urging state election officials nationwide to remove Trump from their primary ballots under Section 3. Until Bellows’ ruling, all such requests had been rejected, largely awaiting court guidance on the interpretation of the clause, which has been invoked only sparingly since the post-Civil War era.
The Maine decision highlights the potential hurdles Trump may face if the issue is resolved on a state-by-state basis.
In the 2020 election, Trump lost Colorado by a margin of 13 percentage points, making it less crucial for his path to the presidency. However, in Maine, which divides its electoral votes by congressional districts, Trump previously won the state’s second congressional district. Without his presence on the primary ballot there, his 2024 campaign would begin with a deficit of one Electoral College vote.
Although the Secretary of State’s Office in Maine has not previously struck a presidential candidate from the ballot, similar actions have been taken against candidates for lower offices.
Florida Governor Ron DeSantis (R), who is Trump’s potential opponent for the GOP presidential nomination, recently stated that Trump would claim the Iowa caucuses were stolen if he loses them.
The outcome of Trump’s appeal to the U.S. Supreme Court will likely have nationwide implications, including for Maine and other states. It remains to be seen how the court will interpret and apply Section 3 of the 14th Amendment.
The decision by Maine’s Secretary of State to remove Trump from the primary ballot signals a new development in the aftermath of the U.S. Capitol attack and raises questions about the future of Trump’s political career. As the legal battles continue, the nation awaits a definitive ruling on Trump’s eligibility to run for president in 2024.
