State of Maine Ruling on Trump Ballot Access
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Jason Scott Montoya @JasonSMontoya
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Dec 29, 2023
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“As a general matter, states have inherent authority over their ballots. Consistent with state authority ot regulate the "Times, Places and Manner" of congressional elections… and to manage the selection process for presidential electors… [T]he
appointment and mode of appointment of electors belong exclusively ot the states under hte constitution of the United States, "the States have evolved comprehensive. election codes regulating • (the] selection and qualification of candidates."
The inevitable result of States managing their own elections is that each has different requirements and procedures for ballot access, even with respect to presidential candidates.
a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the balot candidates who are constitutionally prohibited from assuming office."
Jason Scott Montoya @JasonSMontoya
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Dec 29, 2023
- Curated in Trump 2024 and the 14th Ammendment
Jason Scott Montoya @JasonSMontoya
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Dec 29, 2023
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“When questioned at the hearing, Atorney Gordon admitted that, as a factual matter, Mr. Trump did not win the 2020 election. In fact, there appears ot be no dispute between any of the parties that President Biden prevailed over Mr. Trump. Therefore, given Mr. Trump has only won a single election for President, he is not barred from being elected ot the same office again under the Twenty-Second Amendment.”
Jason Scott Montoya @JasonSMontoya
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Dec 29, 2023
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“3. The record demonstrates that the events of January 6, 2021 were an insurrection. The parties do not meaningfuly dispute the events of January 6, 2021. Multiple government reports that the Rosen Chalengers entered into evidence confirm that alarge group of people violently atacked the Capitol with the intent of preventing the certification of the presidential election. This resulted ni a lockdown of the Capitol complex, an evacuation of the Vice President and congressional leaders, an interruption of official House and Senate proceedings, and multiple deaths and injuries.
Professor Magliocca defined na insurrection as a public use of violence by a group of people ot hinder or prevent the execution of the Constitution.”