Trump challenges his 'arbitrary' removal from Maine's ballot

10 months ago 25
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Donald Trump in December 2023Image source, Getty Images

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Donald Trump has been removed from the 2024 ballot in both Maine and Colorado, setting the stage for a Supreme Court battle.

By Bernd Debusmann Jr

BBC News, Washington

Donald Trump has appealed against a decision by Maine's top election official to remove him from the ballot in the 2024 presidential election.

Mr Trump, the current Republican frontrunner, asked that a state court overturn the move by Maine Secretary of State Shenna Bellows.

Ms Bellows has previously defended her decision by saying she has a "sacred obligation" to uphold the law.

The former US president has also been removed from the ballot in Colorado.

In both Maine and Colorado, Mr Trump was removed from the ballot using the US constitution's insurrection clause, with state electoral officials pointing towards his alleged incitement of the 2021 US Capitol riot.

The 14th Amendment of the US Constitution bans anyone whom has "engaged in insurrection or rebellion" from holding federal office.

In Monday's court filing regarding the Maine decision, Mr Trump's attorneys said that Ms Bellows - a Democrat - was a "biased decision maker" without the legal authority to remove him from the ballot.

Additionally, the filing accuses Ms Bellows of making "multiple errors of law" and acting "in an arbitrary and capricious manner".

"President Trump will be illegally excluded from the ballot as a result of the Secretary's actions," the filing says.

Several similar lawsuits against Mr Trump in other parts of the US - such as Michigan and Minnesota - have been rejected.

The US Supreme Court is expected to take up the issue. A ruling by the court on Mr Trump's eligibility would be applied nationwide.

In both Maine and Colorado, the decisions are on hold until the legal challenges are settled.

In an interview with the BBC last week, Ms Bellows defended her actions and said she hoped that the matter would ultimately be settled by the highest court in the land.

"I'm mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on section three of the 14th Amendment," she said. "But I'm also mindful that no presidential candidate has, ever before, engaged in insurrection."

She also denied that her decision was in any way politically motivated, instead arguing that it was "thorough and based on the rule of law".

Both Mr Trump and his campaign have repeatedly decried the rulings from Maine and Colorado as politically motivated and intended to harm his chances of winning the 2024 election.

In addition to the legal wrangling over his eligibility in the election, Mr Trump is facing trials in federal court and in Georgia stemming from his attempts to overturn his 2020 election loss to Democrat Joe Biden.

He has not been charged with inciting insurrection in either of the two cases.

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