Trump filed an appeal on Tuesday with the Kennebec Maine Superior Court to overturn Secretary of State Shenna Bellows’ decision to remove the 2024 GOP frontrunner from the primary ballot in the state.
Bellows ruled on December 28 that Trump was ineligible to be on the ballot under Section Three of the 14th Amendment, alleging that he participated in insurrection on January 6, 2021.
"President Trump is aggrieved by that final order because: (1) the Secretary was a biased decisionmaker who should have recused herself and otherwise failed to provide lawful due process; (2) the Secretary had no legal authority under 21-A-MRS §§ 336 or 337or any other Maine statute to consider the federal constitutional issues presented by the Challengers; (3) the Secretary made multiple errors of law and acted in an arbitrary and capricious manner; and (4) President Trump will be illegally excluded from the ballot as a result of the Secretary's actions," the appeal states.
The appeal states that under Maine statutes, a challenge can be brought forth against the secretary of state’s decision on the matter on whether "any part of the declaration is found to be false by the Secretary of State," but notes that in the preceding section of the state statute, it states that a consent form for applying for the primary "must contain a declaration of the candidate’s place of residence and party designation and a statement that the candidate meets the qualifications of the office the candidate seeks."
"The statute thus distinguishes the 'declaration' from the 'statement' and limits challenges under section 336 to the falsity of the 'declaration,' which includes only 'the candidate's place of residence and party designation.' No challenge was made to President Trump's place of residence or party designation."
The appeal also notes that on the consent form, a candidate must attest that they meet qualifications listed above, which are whether the candidate is a US citizen, if they have been a resident of the US for more than 14 years, and if they are at least 35 years of age.
"The limited scope of the statement means that any claim that Section Three of the Fourteenth Amendment disqualifies President Trump has no bearing on the truth or falsity of anything on the statement portion of the consent form—much less on the declaration. Accordingly, the Secretary had no statutory authority to consider the challenges raised under Section Three of the Fourteenth Amendment.
Trump and his legal team are requesting that the higher court vacate Bellows’ ruling and immediately place him back on the ballot. Maine’s primary election takes place on March 5, which is Super Tuesday.
Powered by StructureCMS™ Comments
Join and support independent free thinkers!
We’re independent and can’t be cancelled. The establishment media is increasingly dedicated to divisive cancel culture, corporate wokeism, and political correctness, all while covering up corruption from the corridors of power. The need for fact-based journalism and thoughtful analysis has never been greater. When you support The Post Millennial, you support freedom of the press at a time when it's under direct attack. Join the ranks of independent, free thinkers by supporting us today for as little as $1.
Remind me next month
To find out what personal data we collect and how we use it, please visit our Privacy Policy
Comments
2024-01-02T19:14-0600 | Comment by: Dre
Where are the Maine residents themselves as it relates to this? You would think that they have enough Republicans voters in the Maine to raise a stink about this.