Illinois election board to consider whether to boot Trump from ballot over insurrection amendment

Following a recommendation to remove Donald Trump due to his violation of the Constitution’s insurrection clause, the Illinois electoral board is set to deliberate on Tuesday on whether to retain him on the state’s primary ballot. Just over a week before the US Supreme Court will hear arguments in a related Colorado case, the Democratic-and Republican-run Illinois State Board of Elections is holding its meeting. Because of his involvement in the attack on the US Capitol on January 6, 2021, the state’s top court determined that Trump was unable to vote under the 14th Amendment. Following succinct arguments last week, an Illinois board hearing officer declared that because to the intricate constitutional issues at hand, the courts, not election officials, should determine Trump’s legitimacy. However, the retired Republican judge Clark Erickson’s ruling came to the conclusion that a “preponderance of the evidence” shown that Trump participated in rebellion and ought to be disqualified from the race. The 14th Amendment’s Section 3 prohibits anybody who took an oath to uphold the Constitution and subsequently “engaged in insurrection or rebellion” from holding office, as stated by five voters in their petition. This clause dates back to the Civil War and makes Trump ineligible. The attempt to keep Trump’s name off Illinois’ March 19 primary ballot by raising federal constitutional questions is similar to efforts in several other states. The push has notched successes in Colorado and in Maine, where the Democratic secretary of state also recommended removing Trump from the ballot. That decision is on hold pending an eventual ruling from the US Supreme Court. Free Speech for People, a national voting rights group that is helping lead the Illinois effort, praised the recommendation as “significant” and argued that Illinois law allows the board to make the ballot decision. “We expect that the board and ultimately Illinois courts will uphold Judge Erickson’s thoughtful analysis of why Trump is disqualified from office, but — with the greatest respect — correct him on why Illinois law authorizes that ruling,” Ron Fein, legal director for the group, wrote in a Sunday statement. Trump’s campaign has not returned messages seeking comment. The eight-member Illinois election board is split evenly between Democrats and Republicans. To side with the objectors and remove Trump’s name, a majority has to vote in favor. If the vote is tied 4-4, the effort fails and Trump’s name would remain on the ballot.