CHICAGO —
Illinois’ election board decided Tuesday to keep former President Donald Trump on the primary election ballot, a week before the U.S. Supreme Court is set to hear arguments over whether the Republican played a role in the Jan. 6, 2021, attack. against the Capitol of that country disqualifies him from exercising the presidency.
The board’s decision comes after its hearing officer, a retired judge and Republican, found that the “preponderance of evidence” shows that Trump is ineligible to run for president because he violated a constitutional ban on those who “participate in insurrection” hold office. However, the advisor recommended the board let the courts make the final decision.
The eight-member board agreed with a recommendation from its attorney to allow Trump to remain on the ballot, determining that the body does not have the authority to determine whether the former president violated the Constitution.
Board member Catherine McCrory issued a statement before explaining her vote: “I want to be clear that this Republican thinks an insurrection occurred on January 6th. “There is no doubt in my mind that he manipulated, instigated and aided an insurrection on January 6.” She however added that she did not believe the body had the legal authority to enforce that conclusion.
Trump’s lawyer urged the board not to intervene, stating that the former president never participated in the insurrection, but that was not something the body could determine. “We would recommend and urge the board not to intervene in this,” attorney Adam Merrill said.
A lawyer for voters who opposed Trump’s presence on the ballot said they would appeal to the state court. “What happened here was that a hot topic was avoided,” attorney Matthew Piers told reporters after the hearing. “I understand the desire to do so, but the law does not allow us to ignore the issues.”
The matter is likely to be decided in a higher court, and the U.S. Supreme Court is scheduled next week to hear arguments in Trump’s appeal against a Colorado decision declaring him ineligible for the presidency in that state.
The nation’s highest court has never decided a case involving Section 3 of the 14th Amendment, adopted in 1864 to prevent former Confederates from returning to power after the Civil War, but it has been used very rarely since. Some jurisprudence scholars say the clause applies to Trump because of his involvement in trying to overturn the 2020 presidential election and encouraging his supporters to storm the Capitol after losing to Democrat Joe Biden.
Cases seeking to exclude Trump from the presidency under Section 3 have been filed across the United States. The Colorado case is the only one that was successful in court. Most courts and election officials have sidestepped the issue with arguments similar to those in Illinois, asserting that they have no jurisdiction to decide this intricate constitutional issue.
Maine’s Democratic secretary of state also determined that Trump had violated the 14th Amendment, making him no longer eligible for the White House, but her decision is on hold until the Supreme Court rules.
2024-01-30 20:12:40
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