Maine Bars Trump From 2024 Ballot Over 14th Amendment "Insurrectionist" Clause

Maine Removes Trump From 2024 Primary Ballot Over 14th Amendment

In a controversial move, Maine Secretary of State Shenna Bellows has disqualified former President Donald Trump from appearing on the state's 2024 Republican primary ballot. Her decision stems from a provision in the 14th Amendment to the US Constitution which prohibits those who have engaged in insurrection from holding public office.

Secretary of State Cites 14th Amendment

Secretary Bellows stated that Trump's efforts to overturn the 2020 election results, as well as his alleged role in the January 6th attack on the US Capitol, provide reasonable grounds to invoke Section 3 of the 14th Amendment. This provision was created after the Civil War to prevent Confederate leaders from returning to power.

In a written decision, Bellows said: "President Trump openly engaged in insurrection both before and after the election results were certified. His actions violated federal criminal law and meet the definition of 'engaging in insurrection' as defined by the U.S. Constitution."

Trump Legal Team Signals Appeal

Lawyers representing the former president have signaled intentions to appeal Bellows' ruling in state court. They argue that authority to invoke Section 3 of the 14th Amendment resides only with Congress.

"The Secretary of State does not have the authority to remove a candidate from the ballot based on complaints filed by partisan operators," said a spokesperson for Trump's legal team. "This is little more than a political maneuver designed to improperly deny Trump access to the ballot."

Precedent for 14th Amendment Enforcement

While unprecedented on the presidential level, Bellows' decision is not the first attempt to enforce the "disqualification clause" of the 14th Amendment. After the January 6th attack, advocacy groups filed complaints seeking to disqualify several GOP members of Congress.

Some scholars argue theprovision does not require a criminal conviction or even formal congressional action. They say any state official with authority over the ballot has grounds to judge whether a candidate meets the constitutional qualifications for office.

Trump Remains Popular Within GOP

Despite the controversies surrounding Donald Trump's post-election conduct, the former president remains immensely popular with Republican voters. He is widely considered the frontrunner for the GOP nomination should he decide to officially enter the race.

Other States Could Follow Maine's Lead

Political experts monitoring Bellows' unprecedented decision now wonder if other states may attempt similar actions to keep Trump off their primary ballots. The possibility raises concerns over election chaos should states put in place conflicting rules surrounding Trump's eligibility.

"You could quickly see a patchwork quilt of regulations where Republican primary voters in some states get to vote for Trump, while others don't," said elections scholar Rick Hasen. "This creates a real mess for both election administrators and the RNC."

McConnell Warns of "Electoral Chaos"

For his part, Senate Minority Leader Mitch McConnell told reporters that attempts to disqualify Trump under the 14th Amendment would lead to "electoral chaos" in 2024. He warned the move could severely fracture the Republican Party while creating turmoil around the legitimacy of primary results.

Despite his sharp condemnations of Trump's post-election conduct, McConnell seems unwilling to fully close the door to another Trump run. He understands a significant portion of the GOP base remains fiercely loyal to the former president.

Democrats Spotlight "Ongoing Threat"

While Secretary Bellows' decision centers on Donald Trump specifically, Democrats point to it as evidence that the forces which fueled the January 6th attack pose an existential and ongoing threat to American democracy.

Election Sabotage Fears Loom Large

Democratic National Committee Chair Jaime Harrison issued a statement connecting Trump's falsification of election results with ongoing Republican efforts to erode public faith in voting systems ahead of 2024. He suggested these amount to attempts to pre-emptively sabotage elections through baseless conspiracy claims and voter suppression.

"The insurrectionist attack on January 6th was the violent culmination of a months-long plot by Donald Trump and his allies to destroy democracy...Two years later, many of the same actors continue plotting to sabotage free and fair elections," Harrison said.

Democracy Reform Push Renewed

Many Democrats also say the Bellows decision highlights the urgent need to pass federal voting rights protections and other democracy reform measures. Though previously blocked by partisan gridlock, some hope highlighting ongoing threats to democracy may breathe new momentum into stagnant reform efforts.

"I think a lot of Americans assumed the threat disappeared when Trump left office," said Senator Amy Klobuchar, one of the leading democracy reform advocates within Congress. "But Secretary Bellows' ruling provides a stark reminder that the forces which fueled January 6th have evolved into something even more dangerous."

FAQs

Why was Trump removed from Maine's ballot?

Trump was removed from Maine's 2024 primary ballot based on Section 3 of the 14th Amendment, which prohibits those who engaged in insurrection from holding public office. Maine's Secretary of State Shenna Bellows cited Trump's efforts to overturn the 2020 election results and his alleged role in the January 6th attack on the US Capitol as grounds to invoke this "disqualification clause."

Who has the authority to enforce Section 3 of the 14th Amendment?

There is debate around who specifically has authority to enforce this clause. Trump's legal team argues that only Congress has such authority. However, some constitutional scholars argue state officials like Secretary Bellows, who oversee ballots, can make judgments about whether candidates meet eligibility requirements.

Could other states follow Maine and bar Trump from the ballot?

It's possible. The unprecedented nature of Maine's decision raises questions around whether other Democrat-led states may take similar moves to bar Trump's access to primary ballots in 2024. There are concerns this could quickly create a patchwork of confusing and conflicting eligibility rules.

How could this impact the 2024 election?

There are fears that attempts to disqualify Trump in some states could severely divide the GOP and potentially lead to disputed election scenarios if Trump were to somehow still win the nomination. Some argue Section 3 enforcement should be left up to Congressional Republicans, rather than states independently setting new precedents regarding presidential eligibility.