Trump is constitutionally ineligible to appear# on that state's primary ba citing his efforts to overturn# the 2020 election results.

Shenna Bellows, Maine's secretary# of state and a Democrat, said she## made her decision after receiving# three challenges from Maine voters,## including former Republican state senators,# seeking to bar Trump from the ballot.

SHENNA BELLOWS (D), Maine Secretary of State:# It's a very detailed decision.

We lay out why## under Maine law the secretary of# state has the authority, indeed,## the obligation.

I'm duty-bound# to make this determination.

We also -- I, rather, laid out# that the record demonstrates that,## in fact, the events on January 6, 2021,# which were unprecedented and tragic,## were an insurrection in the meaning# of Section 3 of the 14th Amendment.

GEOFF BENNETT: Rick Hasen joins us now.# He's an election law expert and director## of the Safeguarding Democracy# Project at UCLA's Law School.

Rick, thank you for being with us.

So, Maine joins The process in Maine, where the secretary# of state determines eligibility, is very## different from the process in Colorado, where# that was decided by that state Supreme Court.

But through what reasoning and on# what judgment do both decisions rest?

RICK HASEN, UCLA School of Law: Well,# you're right that the decision in Maine## started administratively, but it's# clear it's going to go to the co and will ultimately be resolved by state# courts and maybe the U.S. Supreme Court.

The issue in both cases is the same.

It's whether# Section 3 of the 14th Amendment, which bars fr future office those officeholders who had pledged# an oath to support the Constitution, but then## engaged in insurrection or supported the U.S.'# enemies, they would be disqualified from serving.

And so there's a bunch of legal questions.

Does# this apply to the president, the office of the## president?

There's also the question of whether# Trump engaged in insurrection.

That's more of a## factual question.

The secretary of state in Maine# pretty much followed the reasoning of the Colorado## Supreme Court in the earlier decision in finding# that Trump is disqualified from serving in office.

It's something that involves complex, novel# questions from a part of the Constitution## that really was put in place after the Civil# War and hasn't been used in recent times.

GEOFF BENNETT: What about Donald Trump's# right to due process?

Does it matter that## he's not been charged with, tried# for, or convicted of insurrection?

RICK HASEN: It's a great point.

I think there into three buckets.

There are legal questions# about, for example, whether the presidency is## covered by this provision.

There are factual# questions.

Did Trump engage in insurrection?

And your question goes to a third point, the# procedural questions.

This is what upset som of the dissenters in the Colorado decision.# Whose decision is it to make?

On what basis of## evidence?

In Colorado, it was a trial court that# made the determination without a jury.

In Maine,## it was the administrator, the chief election# officer of the state, that made the determination.

Is that enough process?

I think# that's one of the questions if## the Supreme Court takes up this case# that they're going to have to re GEOFF BENNETT: Maine's Republican Party is# vowing to appeal this ruling.

GO P chairman says he disputes the idea# that a single political elite -- that's## the phrase that he is referring# to the secretary of state -- can## disenfranchise hundreds of thousands# of Maine voters with one Wh at do you make of that argument?# It's less a legal argument and one## that speaks to voters' faith in the system.

RICK HASEN: Right.

political question.

Legally, there's# a part of the Constitution that that certain people are disqualified if they# have participated in an in adopted through a democratic process.# And that's part of our set of rules,## just like our rules that say that if you're under# 35 years old, you can't serve So these are rules that were democratically# adopted.

The application of those rules to the## facts could be complex.

And having that# decision-maker be a secretary of state,## rather than a jury or some other# body, is maybe problematic.

But I think the broader# point is that, politically,## the question is whether or not this# country is going to tolerate havi one of the leading candidates for president# be taken off the ballot, whether that's by an## administrator or by a court.

We're going to# see different decisions across the country.

Unless and until we get some resolution# from the U.S. Supreme Court, we're going## to continue to have these fights in# state after state.

In some plac Trump might appear on the ballot.# In other places, he might not.

GEOFF BENNETT: And assuming the court takes this# up, I he they will weigh, not necessarily did Donald Trump# engage in an insurrection, but what what entity has the right to make that# determination and then bar him from the ballot?

RICK HASEN: I think there are all kinds# of questions that have to be raised.

There## are purely legal questions about the# application to the are these factual questions and then# there are these procedural Do nald Trump really only has to prevail# on any one of them in order for th e U.S. Supreme Court, to conclude that# he remains on the ballot.

The challengers## have to prevail on all of them.

And that's# -- could be tough, especially because we## don't have a modern track record of how# to apply this part of the Constitution.

And so it's really anybody's guess what the# court's going to do when it addresses these## myriad problems.

I think one thing that# the chief justice of the United States,## John Roberts, is going to want to do is not# have a decision, if the court takes the case,## that divides on party lines, which would further# inflame partisan passions in the United States.

GEOFF BENNETT: Rick Hassan, always appreciate# your insights.

Thanks for speaking with us.

RICK HASEN: Thank you.