Former President Donald Trump cited the Insurrection Clause of Section 3 of the 14th Amendment to the U.S. Constitution's decision by Maine's Democratic Secretary of State to unilaterally rule that Trump was ineligible to appear on the state's ballot. A formal appeal was filed.
Trump's lawyer claim Secretary of State Shena Bellows' decision was “the product of a process infected with bias and a pervasive lack of due process. Arbitrary, capricious, and marked by an abuse of discretion.”
The lawyers also argued that “the Secretary should have recused himself due to bias against President Trump, as evidenced by his documented history of past statements that prejudged the issues raised.” The lawyers added that Bellows “denied President Trump due process by not allowing him sufficient time and opportunity to mount a defense.”
“The Secretary lacked legal authority to hear the challenge to President Trump's disqualification. [sic] Section 3 of the 14th Amendment,” the appeal states.
Trump campaign spokesperson Stephen Chan repeated Bellows said in a statement that he “overstepped his authority and completely disregarded the Constitution when he quickly decided to remove President Trump's name from the ballot, interfere in the election, and disenfranchise the voters of this state.” mentioned in.
The appeal follows Bellows' controversial ruling that effectively disqualified Trump from voting, but will not be enforced until the U.S. Supreme Court rules.
As Breitbart News reported:
Bellows wrote in his ruling that he held a hearing on Dec. 15 on three challenges to Trump's nomination. The first two “challenge Mr. Trump's eligibility for office under Section 3 of the 14th Amendment,” she said.
“The third challenge filed by Mr. Paul Gordon (the “Gordon Objection'') challenges Mr. Trump's qualifications under the 22nd Amendment,” the decision states.
“For the reasons set forth below, I conclude that Mr. Trump's First Petition is invalid,” she wrote.
“Specifically, we find that the declaration in his candidacy agreement is false because he is not eligible to serve as President under Section 3 of the Fourteenth Amendment.” Bellows doubled down on his position during a WFEA radio appearance, concluding:
*”Decide who gets on the ballot”
— NH Journal (@NewHampJournal) January 2, 2024
When asked about critics who say it's not Maine's job to decide what the riots in Washington, D.C. are, @shennabellows “The record shows that the events of January 6 were an insurrection. They were not only an attack on the Capitol, but also a peaceful transfer of power…”
— NH Journal (@NewHampJournal) January 2, 2024
“It is my duty to determine whether candidates are qualified for the office they seek.” — Maine State Legislature @shennabellows upon @WFEAradio
— NH Journal (@NewHampJournal) January 2, 2024
upon @WFEAradio This morning, @shennabellows She complained about “inhuman images” of her posted on social media.
— NH Journal (@NewHampJournal) January 2, 2024
Similarly, Bellows' decision follows a 4-3 Colorado Supreme Court ruling that ruled that the Constitution's “insurrection clause” barred former President Trump from appearing on the ballot. , Trump has also appealed the decision, and his name will continue to appear on ballots. Colorado's primary voting process is underway.
The case is Trump vs. BellowsKennebec County, Maine Superior Court No. AP-24-01.
