Former President Donald Trump formally appealed the decision by Maine’s Democrat Secretary of State, who unilaterally determined that Trump is ineligible to appear on the state’s ballot, citing the Insurrection Clause in Section Three of the Fourteenth Amendment to the U.S. Constitution
Trump’s attorneys argue that the ruling of Secretary of State Shenna Bellows “was the product of a process infected by bias and pervasive lack of due process; is arbitrary, capricious, and characterized by abuse of discretion.”
The attorneys also argued that “The Secretary should have recused herself due to her bias against President Trump, as demonstrated by a documented history of prior statements prejudging the issue presented.” The lawyers added that Bellows “denied President Trump due process by failing to give him adequate time and opportunity to present a defense.”
“The Secretary lacked statutory authority to hear the challenges directed to President Trump’s supposed disqualification under to [sic] Section Three of the Fourteenth Amendment,” the appeal reads.
Trump campaign spokesman Steven Cheung reiterated in a statement that Bellows “went outside of her authority, completely ignoring the Constitution when she summarily decided to remove President Trump’s name from the ballot, interfere in the election, and disenfranchise the voters of her state.”
The appeal follows Bellows’ controversial decision essentially disqualifying Trump from the ballot, although it will not be enforced until the U.S. Supreme Court weighs in.
As Breitbart News reported:
In the ruling, Bellows wrote that she held a hearing on December 15 on three challenges to Trump’s nomination. The first two, she said, “contest Mr. Trump’s qualification for office under Section Three of the Fourteenth Amendment to the U.S. Constitution.”
“The third challenge, filed by Paul Gordon (the ‘Gordon Challenge’), contests Mr. Trump’s qualification under the Twenty-Second Amendment,” the ruling reads.
“For the reasons set forth below, I conclude that Mr. Trump’s primary petition is invalid,” she wrote.
“Specifically, I find that the declaration on his candidate consent form is false because he is not qualified to hold the office of the President under Section Three of the Fourteenth Amendment,” Bellows concluded, doubling down on her position during an appearance on WFEA Radio:
*"decide who appears on ballot"
— NH Journal (@NewHampJournal) January 2, 2024
Asked about critics saying it's not Maine Sec State's job to decide what a Washington DC insurrection is, @shennabellows says "The record shows the events of January 6 was an insurrection. They were an attack, not only on Capitol, but the peaceful transfer of power...."
— NH Journal (@NewHampJournal) January 2, 2024
"It's my duty to determine if the candidates are qualified for the office they seek." -- Maine SecState @shennabellows on @WFEAradio
— NH Journal (@NewHampJournal) January 2, 2024
On @WFEAradio this AM, @shennabellows complains about "dehumanizing images" of her posted on social media.
— NH Journal (@NewHampJournal) January 2, 2024
Similarly, Bellows’ decision followed the Colorado Supreme Court ruling in a 4-3 opinion that the Constitution’s ‘Insurrection Clause’ prohibits former President Trump from appearing on the ballot, although Trump is also appealing that decision, meaning his name will still appear on the Colorado primary ballot while the process unfolds.
The case is Trump v. Bellows, No. AP-24-01 in Superior Court of Kennebec County, Maine.