AUGUSTA, Maine — In each election, the Secretary of State determines if candidates are eligible to be on the ballot. Maine Secretary of State Shenna Bellows and Attorney General Aaron Frey announced this week they're analyzing whether former President Donald Trump is eligible.
The decision rests on the pair’s interpretation of state law and the third section of the 14th Amendment to the U.S. Constitution, which bars from office Americans who commit insurrection or rebellion.
“We thought it was important to let voters know that we're not going to engage in speculation or conjecture,” Bellows said of the public announcement. “We're researching and analyzing the law and Constitution.”
She said the announcement came after fielding many questions about Trump’s potential eligibility. University of Maine School of Law Vice Dean Dmitry Bam said Secretaries of State are given wide latitude to determine eligibility, and they don't necessarily need to wait for courts to decide.
“If you view that language as a self-enforcing provision, then you don't need anybody else to tell you whether or not there was a rebellion or insurrection,” Bam said. “… So, every Secretary of State decides for him or herself whether or not any individual candidate is qualified.”
Maine GOP Chairman Joel Stetkis sent a statement to reporters after Bellows’ and Frey’s announcement.
“Instead of chasing a fringe legal idea, Maine officials should be focused on Maine Senate President Democrat Troy Jackson's legal, ethical, and moral mess that came to light this week,” the statement read. “However, if any shenanigans begin we're prepared to take action to defend any and all of our candidates. Mainers should be able to vote for their preferred Republican against Joe Biden - as we've seen, Biden and his policies are deeply unpopular here because he's doing a very bad job."
Republican State Rep. Josh Morris, of Turner, said Trump deserved to see the court process play out, and that Bellows could expect a court date of her own if she omits him from the ballot.
“He has not been convicted of anything,” Morris said. “Accusations are not convictions, and he has the right to run.”
Bellows maintained, that while this candidate might be high-profile, she's following her duties as usual.
“The sole consideration will be the law and the Constitution,” she said.
It's safe to expect lawsuits one way or another. Candidates can file to be on Maine's ballot on Dec. 1. Then there's a five-day window where citizens can challenge their eligibility.