(New York) And two. After the Colorado Supreme Court, the Maine Secretary of State in turn relied on an article from the 14e amendment to the US Constitution to disqualify Donald Trump from his state’s Republican primary.
Elected as a Democrat, Shenna Bellows concluded that the former president of the United States was ineligible under Article 3 of this amendment, which prohibits anyone who participated in an insurrection or rebellion from running for office government.
His conclusion agrees with that of a majority of four of the seven justices of the Colorado Supreme Court, whose decision, rendered on December 19, was the subject of an appeal Wednesday by the Republican Party of that state.
However, it deviates from a decision made later Thursday by the California Secretary of State, another Democrat, who refused to disqualify the 45e president of his state’s Republican primary.
“I am aware that no Secretary of State has ever deprived a presidential candidate of access to the ballot on the basis of Article 3 of the 14e amendment. I am also aware, however, that no presidential candidate has ever engaged in an insurrection,” Maine’s secretary of state wrote in a 34-page decision.
“The events of January 6, 2021 were unprecedented and tragic,” she adds. They were an attack not only on the Capitol and government officials, but also on the rule of law. The evidence shows that they occurred at the order of the outgoing president, with his knowledge and support. »
PHOTO ROBERT F. BUKATY, ARCHIVES ASSOCIATED PRESS
Shenna Bellows, Maine Secretary of State
The Constitution of the United States does not tolerate attacks on the foundations of our government, and [la loi du Maine] forces me to act accordingly.
Excerpt from Shenna Bellows’ decision
This decision comes after a hearing held on December 15 and stems from a law allowing Maine voters to file objections with the secretary of state on the eligibility of candidates. Three objections concerning Donald Trump were then heard.
“Electoral interference”, pleads the Trump camp
The big favorite in the race for the Republican nomination for the 2024 presidential election has five days to appeal the Maine Secretary of State’s decision to the state Superior Court. His campaign spokesperson, Steven Cheung, indicated that the candidate would take action shortly to invalidate this “electoral interference”.
“Blue state Democrats are recklessly and unconstitutionally suspending the civil rights of American voters by attempting to summarily remove President Trump’s name from the ballot,” he said in a statement.
Make no mistake, these partisan election interference efforts are a hostile assault on American democracy.
Steven Cheung, spokesperson for Donald Trump’s campaign
Pending Donald Trump’s appeal, three of the Maine voters who challenged the former president’s eligibility welcomed his disqualification. These voters have in common that they are former Democratic parliamentarians from Maine.
PHOTO JOSE LUIS MAGANA, ASSOCIATED PRESS ARCHIVES
Supporters of Donald Trump during the January 6, 2021 assault on the Capitol
“Secretary Bellows demonstrated great courage in her decision, and we look forward to helping her defend her sound and correct decision in court,” they said in a statement Thursday. No elected official is above the law or our Constitution, and today’s decision reaffirms America’s most important principle. »
Maine’s Republican primary is scheduled for March 5, 2024, a “Super Tuesday” date when several other states will hold primaries, including Colorado.
Donald Trump’s electability is the subject of challenges in several other states. Earlier this week, the Michigan Supreme Court blocked an attempt to disqualify the Republican candidate from his party’s primary in the Midwest state.
However, she did not comment on whether Donald Trump had participated in an insurrection, saying only that Michigan law did not give state election officials the power to influence eligibility. candidates in the presidential primaries.
This decision suggests that the same court could have to rule on the eligibility of Donald Trump in the presidential election of November 2024, which does not depend on parties.
Chaos hovers
In Colorado, the state Supreme Court’s decision will be stayed pending appeal, so Donald Trump’s name will likely appear on ballots used in the Republican primary. must be printed from January 5.
PHOTO KEVIN MOHATT, REUTERS ARCHIVES
The Colorado Supreme Court has ruled to rule out Donald Trump’s candidacy in the state because of his involvement in the assault on the Capitol.
The United States Supreme Court could obviously end this uncertainty by issuing a quick decision on this case. One thing is certain, she can hardly lose interest, given the chaos into which the contradictory decisions of the States risk plunging the country in the middle of an election year.
Article 3 of 14e amendment was adopted in 1866 and ratified in 1868, in the wake of the Civil War. It was originally intended to prevent southern rebels from holding government office. In 2022, it was invoked by a New Mexico judge against Couy Griffin, who had been convicted of trespassing in connection with the January 6, 2021 assault on the Capitol. Griffin was disqualified from the county commissioner position he held.
This article has, however, never been invoked to exclude a candidate for the presidency, a former president moreover.
Jared Golden, Democratic Rep. 2e constituency of Maine and known for its centrist, even conservative opinions, formulated a criticism of the decision of the Secretary of State of Maine which a majority of the justices of the Supreme Court of the United States will perhaps accept.
“I voted to impeach Donald Trump for his role in the January 6 insurrection. I don’t believe he should be re-elected as President of the United States. However, we are a nation of laws, so until he is convicted of the crime of insurrection, he should be allowed to vote,” he wrote in a message broadcast on X.