TL/DR –
The Illinois State Board of Elections unanimously voted to keep Donald Trump on the state’s presidential primary ballot, dismissing a challenge to his eligibility under Section 3 of the 14th Amendment, also known as the insurrection clause. The body stated it lacked authority to decide on the challenge, which accused Trump of inciting the Jan. 6 attack on the U.S. Capitol. The board considered the eligibility challenge for approximately an hour before affirming Trump’s candidacy, while Free Speech for the People, who brought the lawsuit, said they will appeal the decision.
Trump to Remain on Illinois’ Presidential Primary Ballot
The Illinois State Board of Elections ruled on Tuesday that Donald Trump will remain on the state’s presidential primary ballot, dismissing a challenge to Trump’s eligibility under Section 3 of the 14th Amendment, also known as the insurrection clause. The bipartisan board unanimously dismissed a lawsuit spearheaded by national advocacy group Free Speech for the People and Illinois election lawyers.
The board claimed it lacked the authority to rule on the challenge, which accused Trump of inciting the Jan. 6 attack on the U.S. Capitol in his bid to overturn the 2020 election results. Trump denies any wrongdoing and has criticized the 14th Amendment cases as anti-democratic.
“Trump did not engage in insurrection, as that term is used in the Constitution,” stated Trump’s attorney Adam Merrill. The Illinois board reviewed the challenge for about an hour before unanimously affirming Trump’s candidacy.
Free Speech for the People announced plans to appeal, believing that the courts will show “why Illinois law authorizes that ruling despite Trump’s subjective belief that the Constitution doesn’t apply to him.” Trump celebrated the board’s ruling on social media, viewing it as a protection against “the Radical Left Lunatics.”
The decision precedes the U.S. Supreme Court’s scheduled hearings on Feb. 8 on a similar 14th Amendment challenge to Trump from Colorado, where the state’s top court ruled the former president ineligible for their primary ballot under Section 3.
Courts, election boards, or secretaries of state have considered dozens of 14th Amendment challenges to Trump’s eligibility over the past year. Only the Colorado Supreme Court and Maine’s secretary of state have ruled Trump ineligible to participate in their primary process. The case in Maine is set for reconsideration following the U.S. Supreme Court’s decision on the Colorado case.
The Illinois board upheld Clark Erickson’s recommendation, who oversaw a two-hour administrative hearing for the case. Erickson suggested the board rule that Trump engaged in insurrection per Section 3 but not remove his name from the state’s 2024 primary ballot. Erickson, a retired state judge, wrote that the State Board of Elections should reject the case as the decision belongs to the courts and noted the difficulty of deliberating such a complex case ahead of the imminent March 19 primary.
“In the context of the events and circumstances of January 6, 2024,” Erickson supported the Illinois voters’ argument that Trump engaged in insurrection “on the merits by a preponderance of the evidence.” He concluded that the Election Code isn’t suited for constitutional analysis and such issues are best resolved in the courts. Erickson compared attempting to resolve a constitutional issue within an election board hearing to scheduling a boxing match in a phone booth.
—
Read More US News