Donald Trump formally appealed a decision by Maine’s top election official to remove him from the ballot on Tuesday, asking a superior court to reverse the decision.
Maine secretary of state Shenna Bellows, a Democrat, removed Trump from the ballot on 28 December, saying the former president had violated section 3 of the 14th amendment, which bars officials from holding office if they engage in insurrection or rebellion against the United States.
The filing in the superior court for Kennebec county, which includes the state capitol of Augusta, accuses Bellows of bias, says that Trump did not have an adequate opportunity to present a defense, and claims Bellows did not have the authority to exclude him from the ballot.
“The secretary’s ruling was the product of a process infected by bias and pervasive lack of due process; is arbitrary, capricious, and characterized by abuse of discretion; affected by error of law; ultra vires, and unsupported by substantial evidence on the record,” the filing says. “The secretary had no statutory authority to consider the challenges raised under section three of the 14th amendment.”
Trump’s lawyers ask the court to vacate Bellows’ ruling and immediately place Trump on the ballot.
Bellows has said her personal views played no role in her decision to remove Trump from the ballot. She reached her decision after holding an hours-long hearing on 15 December on the issue, during which Trump’s attorneys, as well as those challenging Trump’s eligibility, made their case before her.
Trump is also expected to appeal a separate decision from the Colorado supreme court blocking him from the ballot for similar reasons. Both the Colorado Republican party and the voters who brought the case have asked the US supreme court to hear it.
Section three of the 14th amendment, which was passed after the civil war to bar confederates from holding office, has never been used to disqualify a presidential candidate. The US supreme court is widely expected to ultimately decide the novel legal issue.
Maine has four votes in the electoral college. Unlike nearly every other state, it does not award all of them to the winner of the statewide vote. Instead, the statewide winner gets two electoral votes, and the other two are allocated based on which candidate wins in each of the state’s two congressional districts.
Biden earned three of Maine’s electoral votes in 2020 and Trump earned one.
