Illinois Judge Removes Donald Trump from State’s Ballot Based on 14th Amendment’s Insurrectionist Ban
In a surprising turn of events, former President Donald Trump has been removed from Illinois’ ballot based on the 14th Amendment’s “insurrectionist ban.” The decision, which allows for a short period of appeal, comes as a similar challenge is pending before the US Supreme Court in Colorado. However, it is widely expected that the Supreme Court will reject arguments that Trump is barred from office.
The decision by Cook County Circuit Judge Tracie Porter heavily relies on the prior ruling by the Colorado Supreme Court, which she finds compelling. Judge Porter acknowledges the magnitude of her decision and its potential impact on the upcoming primary elections in Illinois. As a result, she orders the Illinois State Board of Election to remove Donald J. Trump from the ballot for the General Primary Election on March 19, 2024, or suppress any votes cast for him.
Interestingly, this ruling comes one month after the Illinois State Board of Elections dismissed an anti-Trump challenge. A retired Republican judge, appointed by the election board to examine the matter, had previously recommended barring Trump from the ballot due to his involvement in the January 6, 2021, insurrection. However, he concluded that only courts had the power to implement his recommendation, not the board. Consequently, the board cited jurisdictional limitations and unanimously dismissed the case.
Illinois now joins Colorado and Maine as the third state to remove Trump from the ballot. However, these decisions are currently paused pending the appeal of the Colorado case to the US Supreme Court. Trump does have the option to appeal Judge Porter’s decision in state courts, although he has successfully defended against similar lawsuits in numerous other states.
The Illinois challenge was filed by a group of voters in collaboration with Free Speech For People, a legal advocacy group that has previously attempted to remove Trump from the ballot in Michigan, Minnesota, and Oregon without success. During the hearing, Judge Porter questioned Trump’s lawyers about the distinction between a “riot” and an “insurrection” and whether Trump needed to be convicted of a crime before being barred from office.
Trump’s attorney, Nicholas Nelson, characterized the events of January 6 as a “political riot,” comparing it to an angry mob rather than a group with specific legal aims. He argued that the rioters were driven by anger and lacked a plan. Illinois law requires candidates to certify that they are “qualified” for the office they seek, which Trump did when filing for the state’s GOP primary. When asked if Trump would need to be convicted of insurrection beforehand for his filing to be false, another Trump attorney, Adam Merrill, stated that it would be more challenging if that were the case.
It is worth noting that Judge Porter had previously denied Trump’s request to pause the proceedings until the US Supreme Court rules on a similar case challenging his eligibility in Colorado.
This latest development adds another layer of complexity to the ongoing legal battles surrounding Donald Trump’s political future. As the appeal process unfolds, the nation eagerly awaits the Supreme Court’s decision on the Colorado case. Until then, Trump’s presence on state ballots remains uncertain, leaving both his supporters and opponents in a state of anticipation.
Sources:
– CNN
