PORTLAND, Maine — The Maine Supreme Court declined Wednesday night to rule on whether former President Donald Trump can remain on the state’s ballot, leaving intact a judge’s ruling that the U.S. Supreme Court must first rule on a similar case in Colorado .
Democratic Secretary of State Shenna Bellows concluded that Trump did not meet the voting requirements under the U.S. Constitution’s insurrection clause, but a judge put that decision on hold pending the Supreme Court’s decision on a similar case in Colorado.
In a unanimous decision, the Maine Supreme Court rejected Bellows’ appeal of the order requiring her to await the U.S. Supreme Court’s decision before withdrawing, modifying or to maintain.
“The Secretary of State is suggesting that there is irreparable damage because a delay in certainty about whether Trump’s name should appear on the primary ballot will lead to confusion among voters. However, this uncertainty precisely guides our decision not to pursue immediate appellate review in this particular case,” the court said.
Bellows’ decision in December that Trump was ineligible made her the first election official to ban the Republican front-runner from the ballot under the 14th Amendment. In Colorado, the state Supreme Court came to the same conclusion.
Timelines are tight as Maine’s March 5 primary approaches. The U.S. Supreme Court will hear arguments on the Colorado case on February 8, and Maine has already started sending ballots abroad.
The nation’s highest court has never ruled on Section 3 of the 14th Amendment, which bars those “engaged in insurrection” from holding office. Some legal scholars say the post-Civil War clause applies to Trump because of his role in overturning the 2020 presidential election and encouraging his supporters to storm the U.S. Capitol after he lost to Democrat Joe Biden.
Trump claims Bellows should have recused herself and that she was biased against him. Trump said her actions disenfranchised Maine voters and were part of a broader effort to keep him off the ballot.
Bellows, who was elected by the Democratic-controlled Legislature, said she was required by state law to make a decision after several residents challenged Trump’s right to participate in the primary vote. She put her decision on Trump’s eligibility to vote on hold pending legal proceedings, vowing to abide by the court’s final ruling.