Maine’s top election official on Thursday removed former President Donald Trump from the state’s 2024 ballot, making it the second state to block Trump based on a clause in the Constitution that bans insurrectionists from holding public office.
Several other states are still weighing challenges that seek to remove former Trump from the 2024 primary ballot. The lawsuits argue that Trump is ineligible to run under Section 3 of the 14th Amendment of the Constitution, which bars officials who have sworn an oath to the Constitution from holding office if they engaged in insurrection.
The Colorado Supreme Court ruled last week that Trump should be barred from the state’s ballot because of his alleged role in the riots at the U.S. Capitol on January 6, 2021. Trump is facing federal charges in connection to his actions leading up to the riots, which followed after the former president addressed his supporters during a rally on Capitol Hill.
But Trump has maintained that he did not engage in an insurrection and has accused those filing lawsuits against him of attempting election interference. The Colorado Republican Party has also filed an appeal against the decision, which will bring the case to the U.S. Supreme Court.
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Here is an overview of where ballot challenges against Trump stand across the country.
Where Lawsuits Are Pending
Lawsuits seeking to remove Trump from the 2024 ballot are currently pending in 14 states, according to data compiled by Lawfare: Arizona, Alaska, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.
Several of the challenges have been initiated by John Castro, a lesser-known Republican candidate vying for the 2024 GOP presidential nomination. Two separate lawsuits have been filed in the state of New York—one from Castro in Manhattan court and another from Jerome Dewald, a Republican attorney.
Castro, who originally filed challenges in dozens of states, argues in his lawsuits that Trump is ineligible to run under the 14th Amendment. The Texas attorney also claimed that he will suffer “irreparable competitive injuries” in states like Alaska if the former president is allowed to run, according to reporting by Alaska station KTUU.
U.S. District Judge Irene C. Berger dismissed Castro’s lawsuit in West Virginia without prejudice, granting the motions filed by Trump, Secretary of State Mac Warner and the West Virginia Republican Party. The lawsuit was dismissed without prejudice, however, meaning Castro could file again. He also filed an appeal of Berger’s dismissal on Tuesday, according to The Parkersburg News and Sentinel.
Castro has also appealed a judge’s dismissal of his lawsuit filed in Arizona.
Where Lawsuits Have Been Dismissed
Ballot challenges have been dismissed in six states: Florida, Michigan, Minnesota, New Hampshire and Rhode Island.
Federal Judge Robin Rosenburg, an Obama appointee in Fort Lauderdale, dismissed a lawsuit brought by three Florida attorneys within a week after it was filed in August, arguing that the filers lacked “standing” to challenge Trump’s “qualifications” to seek the presidency. The lawsuit was also based off of the insurrection clause of the 14th Amendment.
Lawsuits in Michigan and Minnesota made it all the way to the state’s Supreme Courts, but justices in both states ruled that only the Republican Party had control over who can appear on the primary ballot, no matter the candidate’s qualification for the office. The liberal non-profit Free Speech for the People appealed the decision in Michigan, and the Minnesota Supreme Court said that the plaintiffs could file a separate challenge after August 13 should Trump win the GOP nomination for the general election.
Castro’s lawsuits filed in New Hampshire and Rhode Island were both dismissed for not showing enough evidence that Trump’s candidacy would cause political competitive injury.
Castro voluntarily dismissed his challenges filed in California, Connecticut, Delaware, Idaho, Kansas, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania and Utah, according to Lawfare’s tracker.
What About Colorado?
The Supreme Court of Colorado was the first to rule that Trump participated in an insurrection on January 6, 2021, and that such actions bars him from appearing on the 2024 primary ballot.
The 4-3 ruling, which was delivered last week, has been appealed by the state’s GOP party. The plaintiffs in the case, Citizens for Responsibility and Ethics (CREW), also asked the U.S. Supreme Court on Thursday to provide an expedited review on the case, arguing that the lawsuit needs to be settled before primary voters cast their ballots next month.
Newsweek reached out to Trump’s campaign team for comment on the latest updates in the Colorado case.
What Exactly Happened in Maine?
Shenna Bellows, Maine’s secretary of state, removed Trump from the state’s presidential primary ballot under the Constitution’s insurrection clause. Her decision only applies to the March primary election, and her decision can be appealed to the state’s courts.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.