Former President Donald Trump has officially appealed the decision made by Maine's Secretary of State, Shenna Bellows, to remove him from the state's primary ballot for the 2024 election. In the appeal filed on Tuesday, Trump's legal team is urging the superior court for Kennebec County to overturn Bellows' decision, accusing her of bias, denying Trump a fair chance to present his defense, and asserting that she lacked the authority to exclude him under section 3 of the 14th amendment.
The filing contends, "The secretary’s ruling was the product of a process infected by bias and pervasive lack of due process; is arbitrary, capricious, and characterized by abuse of discretion; affected by error of law; ultra vires, and unsupported by substantial evidence on the record. The secretary had no statutory authority to consider the challenges raised under section three of the 14th amendment." Trump's lawyers are requesting the court to annul Bellows' decision and promptly reinstate Trump on the primary ballot.
Bellows, a Democrat, had removed Trump from the ballot on December 28, citing a violation of section 3 of the 14th amendment, which prohibits officials from holding office if involved in insurrection or rebellion against the United States. Trump's legal team argues that Bellows' personal bias influenced her decision and claims that Trump did not have a fair opportunity to present his case.
Furthermore, Trump is anticipated to appeal a separate decision from the Colorado Supreme Court, which also prevented him from being on the ballot for similar reasons. Both the Colorado Republican Party and the case's voters have petitioned the US Supreme Court to hear the case, raising the novel legal question of whether section 3 of the 14th amendment can disqualify a presidential candidate, a matter expected to reach the highest court in the land.
Maine's unique electoral system awards two electoral votes to the statewide winner and distributes the other two based on the winner in each of the state's two congressional districts. With Maine holding four votes in the electoral college, the outcome of Trump's appeal could have significant implications for the state's electoral representation.