Donald Trump Gets Breathing Room in Ballot Case

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A decision about whether Donald Trump's name will be on the presidential primary ballot in Maine will have to wait a few extra days.

On Tuesday, the Colorado Supreme Court ruled in a 4-3 decision that the former president violated the 14th Amendment by engaging in insurrection. The decision followed a lawsuit filed by six Colorado voters to bar Trump from the state's presidential ballot, and came one month after a lower Colorado court ruled that Trump engaged in insurrection based on his actions on January 6, 2021.

Trump, whose behavior associated with the Capitol riot is also under federal investigation, has denied all wrongdoing and that he engaged in insurrection. He has argued that courts do not have the authority to bar candidates from the ballot under the constitutional provision.

A decision was originally scheduled to be announced by Maine Secretary of State Shenna Bellows on Friday morning. But on Wednesday, her office said the decision will be announced next week.

Donald Trump Ballot Maine Colorado
Former president and 2024 presidential hopeful Donald Trump gestures at the end of a campaign event in Waterloo, Iowa, on December 19, 2023. On December 20, Maine Secretary of State Shenna Bellows announced a delay... KAMIL KRZACZYNSKI/AFP via Getty Images

Emily Cook, communications director for Bellows' office, told Newsweek via phone that the delay is due to the Colorado Supreme Court decision in Anderson v. Griswold, coupled with technical difficulties pertaining to briefs not successfully reaching the office to coincide with previous deadlines.

The new deadline for parties to file a short supplement to their closing legal briefs addressing the impact, if any, of the Colorado decision on the Maine decision is now due by 8 p.m. ET Thursday.

Cook said the specific day next week for when the decision will be made has not been determined.

Newsweek reached out to the Trump campaign via email for comment.

"I think this decision signals that other states are paying close attention to what is happening elsewhere," former U.S. Attorney Barbara McQuade told Newsweek via email. "The Colorado decision could be replicated in other states. For that reason, I expect the Supreme Court to take up this issue, and to decide quickly to provide clarity for all 50 states."

Palm Beach, Florida, State Attorney Dave Aronberg told Newsweek via email: "The Colorado Supreme Court stayed, or paused, its ruling pending Trump's certain appeal to the U.S. Supreme Court, so the [Maine] secretary of state is understandably taking a wait and see approach."

Three challenges were initially received by the Maine Secretary of State the week of December 4, from attorney Benjamin Gaines, on behalf of Kimberley Rosen, Thomas Saviello and Ethan Strimling; Paul Gordon of Portland; and Mary Anne Royal of Winterport.

A hearing took place December 15, when the challengers and legal representatives for Trump were allowed to present oral testimony of witnesses in addition to documentary evidence, and to make oral argument pertaining to the challenge considering that evidence.

"The challengers were very excited to see the ruling out of Colorado last night," Gaines said on Wednesday, according to the Portland Press Herald. "We're very hopeful that [Bellows], after a thorough review of all the evidence we presented, is going to reach the conclusion that former President Trump doesn't meet the qualifications for the office of president and therefore has to be disqualified from the Maine ballot."

Gaines, on his clients' behalf, has also cited Section 3 of the 14th Amendment in his legal arguments, arguing that Trump's actions on January 6 justify being left off the ballot.

Royal also cited that section in her brief, while Gordon has approached it from a different angle. He argues that since Trump claims to have won the 2020 election, theoretically ushering in a second and final presidential term, running for a third term is not legally allowed under the 22nd Amendment.

Efforts like those in Colorado and Maine are likely to take place in other states. The Trump campaign is confident that the U.S. Supreme Court will overturn the decision in Colorado, and any other similar decisions in other states.

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About the writer

Nick Mordowanec is a Newsweek investigative reporter based in Michigan. His focus includes U.S. and international politics and policies, immigration, crime and social issues. Other reporting has covered education, economics, and wars in Ukraine and Gaza. Nick joined Newsweek in 2021 from The Oakland Press, and his reporting has been featured in The Detroit News and other publications. His reporting on the opioid epidemic garnered a statewide Michigan Press Association award. The Michigan State University graduate can be reached at n.mordowanec@newsweek.com.


Nick Mordowanec is a Newsweek investigative reporter based in Michigan. His focus includes U.S. and international politics and policies, immigration, ... Read more