Donald J. Trump v. Secretary of State

2024 ME 5
CourtSupreme Judicial Court of Maine
DecidedJanuary 24, 2024
DocketKen-24-24
StatusPublished
Cited by1 cases

This text of 2024 ME 5 (Donald J. Trump v. Secretary of State) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald J. Trump v. Secretary of State, 2024 ME 5 (Me. 2024).

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2024 ME 5 Docket: Ken-24-24 Submitted on Memoranda: January 24, 2024 Decided: January 24, 2024

Panel: STANFILL, C.J., and MEAD, JABAR, HORTON, CONNORS, and DOUGLAS, JJ., and HUMPHREY, A.R.J.

DONALD J. TRUMP

v.

SECRETARY OF STATE et al.

PER CURIAM

[¶1] “With the exception of opinions issued on solemn occasions under

article VI, Section 3, of the Constitution, the judiciary in this state is not

empowered to render advisory opinions.” Bar Harbor Banking & Tr. Co. v.

Alexander, 411 A.2d 74, 76 (Me. 1980). Consistent with our judicial role, and to

avoid issuing advisory opinions, we adhere to a final judgment rule that

requires a trial court’s decision to be final before we consider an appeal. See

id.; State v. Me. State Emps. Ass’n, 482 A.2d 461, 463, 465 (Me. 1984). “The

reasons for the final judgment rule are many and strong. It helps curtail

interruption, delay, duplication and harassment; it minimizes interference with

the trial process; it serves the goal of judicial economy; and it saves the 2

appellate court from deciding issues which may ultimately be mooted, thus not

only leaving a crisper, more comprehensible record for review in the end but

also in many cases avoiding an appeal altogether.” Me. State Emps. Ass’n, 482

A.2d at 464.

[¶2] Here, the Secretary of State and three challengers to Donald

J. Trump’s primary petition—Kimberley Rosen, Thomas Saviello, and Ethan

Strimling—appeal from an interlocutory order of the Superior Court (Kennebec

County, Murphy, J.) remanding to the Secretary of State the matter in which the

Secretary of State decided that the petition submitted by former President of

the United States Donald J. Trump as a candidate for the Maine Republican

Party’s presidential primary was invalid because of a false declaration of

qualification on his candidate consent form. Because the appeal is not from a

final judgment, we dismiss the appeal as interlocutory and not justiciable.

I. BACKGROUND

[¶3] By the filing deadline of December 1, 2023, Donald J. Trump filed a

petition for his candidacy for President of the United States and submitted a

required notarized candidate consent form for the Republican Party’s

presidential primary. See 21-A M.R.S. § 336 (2023), amended by P.L. 2023, ch.

304, § A-5 (emergency, effective June 26, 2023) (to be codified at 21-A M.R.S. 3

§ 336); P.L. 2023, ch. 389, § 2 (effective Oct. 25, 2023) (to be codified at

21-A M.R.S. § 336(3)). On the form provided, Trump supplied identifying

information, stated his voting residence, and included his notarized signature

beneath the following language:

Qualifications of President of the United States (U.S. Constitution, Article II, Section 1)

§ Be a natural born U.S. Citizen § Have been a resident of the United States for at least 14 years § Be at least 35 years of age ____________________________________________________________________________

Candidate’s Consent

I hereby declare my intent to be a candidate for the Office of President of the United States and participate in the Presidential Primary for the party named above to be held on March 5, 2024, in the State of Maine. I further declare that my residence is in the municipality and state listed above; that I am enrolled in the party named on this consent; that I meet the qualifications to hold this office as listed above; and that this declaration is true.

[¶4] By December 8, 2023—the statutory deadline for raising challenges

to the petition—the Secretary of State received three challenges.1 See

21-A M.R.S. § 336(3); 21-A M.R.S. § 337(2)(A) (2023). Rosen, Saviello, and

Strimling together argued that Trump should be removed from the primary

1 Because two of the challengers, Mary Anne Royal and Paul Gordon, have not appealed from the

Secretary of State’s decision on their challenges or from the trial court’s order, we do not discuss the issues that they raised in their challenges. 4

ballot because, having previously taken an oath as President of the United

States “to support the Constitution of the United States,” Trump “engaged in

insurrection or rebellion against the same,” which precludes him from holding

the office of President under Section 3 of the Fourteenth Amendment. U.S.

Const. amend. XIV, § 3.2 The Secretary of State held a hearing in accordance

with 21-A M.R.S. § 337 and the Maine Administrative Procedure Act, 5 M.R.S.

§§ 9051-9064 (2023), on December 15, 2023. The Secretary of State was

required to determine, after the hearing, whether “any part of the declaration”

in the candidate consent form was false, thereby rendering the consent and the

primary petition void. 21-A M.R.S. § 336(3) (“If, pursuant to the challenge

procedures in section 337, any part of the declaration is found to be false by the

Secretary of State, the consent and the primary petition are void.”).

[¶5] On December 19, after the hearing and the parties’ initial briefing,

the Colorado Supreme Court certified an opinion holding that Trump was

2 This section provides:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

U.S. Const. amend. XIV, § 3. 5

disqualified under Section 3 of the Fourteenth Amendment from appearing on

the primary ballot in Colorado. Anderson v. Griswold, No. 23SA300, 2023 WL

8770111, --- P.3d --- (Colo. Dec. 19, 2023), cert. granted sub nom. Trump v.

Anderson, No. 23-719, 2024 WL 61814 (U.S. Jan. 5, 2024). On December 21,

2023, the Secretary of State accepted supplemental briefs from the parties

addressing the Colorado decision.

[¶6] In the Secretary of State’s decision, issued on December 28, 2023,

she concluded that she had the authority to exclude unqualified candidates

from the primary ballot and found that Trump was not qualified to appear on

the ballot because he had sworn, as President, to support the United States

Constitution and had then engaged in insurrection against the United States.

See U.S. Const. amend. XIV, § 3. She suspended the effect of her decision until

the Superior Court ruled on any appeal.

[¶7] Trump timely appealed to the Superior Court by filing a petition for

review of final agency action on January 2, 2024, within five days after the

Secretary of State issued her decision. See 21-A M.R.S. § 337(2)(D); 5 M.R.S.

§§ 11001, 11002 (2023); M.R. Civ. P. 80C. Among other proceedings in the

Superior Court, Trump moved to stay the court proceedings after the Supreme

Court of the United States issued a writ of certiorari on his appeal from 6

Anderson v. Griswold, No. 23SA300, 2023 WL 8770111, --- P.3d ---. The

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