Maine Adds Pain to Trump’s Presidential Ballot Woes

Maine has disqualified Donald Trump from its 2024 primary ballot, the second time this month that a state has made the historic move regarding the former president.

Maine Secretary of State Shenna Bellows ruled Thursday that Trump had engaged in insurrection during the January 6 attack, rendering himself ineligible for elected office under the text of Article Three of the Fourteenth Amendment. Trump’s team had desperately tried to stop her from handing down this decision, arguing that Bellows should have recused herself from the case because of past comments she had made about the riot at the U.S. Capitol.

Bellows determined that the January 6 attack was “violent enough, potent enough, and long enough to constitute an insurrection.” Trump, she stated in her decision, “used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power.”

“The events of January 6, 2021 were unprecedented and tragic,” Bellows wrote. “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.”

Bellows’s decision comes a little more than a week after the Colorado Supreme Court also determined that Trump had engaged in insurrection and barred him from the state’s primary ballot. Neither decision will go into effect immediately so Trump has time to appeal.

Multiple other states are currently weighing cases regarding Trump’s ballot eligibility. The secretaries of state in Michigan, Minnesota, and California have all determined that Trump will remain on their presidential ballots. The next decision will likely come out of Oregon.

While it’s possible that other states might come to the same conclusion reached by election officials in Maine and Colorado, the question of whether Trump will ultimately appear on these states’ ballots will likely be determined by the Supreme Court. Trump’s campaign has already said it will appeal the Maine and Colorado decisions. The Colorado Republican Party on Wednesday asked the nation’s high court to review the state Supreme Court decision.

While the Supreme Court is not required to take the case, there is a sense of momentum that this dispute is headed its way, as  legal scholars have called on the justices to resolve the issue. Their decision will provide a single rule for all states—instead of having a messy mix of some state ballots with Trump’s name and some without—and will likely shape how the Fourteenth Amendment’s language will be interpreted going forward.