By a unanimous vote of 8 to 0, the Illinois Elections Board has decided to keep former President Donald J. Trump on the state’s primary ballot. This decision is made one week before the U.S. Supreme Court will consider whether Trump’s involvement in the Capitol breach on January 6th will have an impact on his eligibility for the president.
The Republican hearing officer and retired judge found a “preponderance of the evidence” that Trump cannot run for president because he has “engaged in insurrection,” as required by the constitution. However, the board has decided to let the courts make the ultimate judgment.
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Republican Judge Clark Erickson advised the board to reject the voters’ complaint against Trump. Citing a judgment from the Illinois Supreme Court, he said that the Elections Board cannot perform the “significant and sophisticated constitutional analysis” required to make a determination.
In the event that the board disagreed on jurisdiction, Erickson said they need to keep Trump off the primary ballot.
“The evidence shows that President Trump understood the divided political climate in the United States,” In a letter, Judge Erickson stated that Trump “exploited that climate for his own political gain by falsely and publicly claiming the election was stolen from him, even though every single piece of evidence demonstrated that his claim was demonstrably false.”
Trump is scheduled to appeal a Colorado decision that ruled him ineligible to be president to the US Supreme Court. In this case, the 14th Amendment’s Section 3, which was ratified in 1868 to exclude former Confederates from holding public office, is being considered by the Supreme Court for the first time.
Academics argue on whether Trump’s activities during the 2020 presidential election qualify under the 14th Amendment. While Maine’s Democratic Secretary of State found that Trump had violated the 14th Amendment, her conclusion is still pending the outcome of the Supreme Court’s decision. The victorious Colorado case is still unique.
Democratic Secretary of State Shenna Bellows said on MSNBC in December that she felt “duty-bound” to decide whether or not Trump qualified. Republicans in Congress claim that the ruling made by the Colorado Supreme Court violates their authority. In addition to affecting Trump’s eligibility, the court’s reading of the 14th Amendment might set a precedent for similar instances in the future when accusations of insurrection or rebellion against the US are made.
On February 8, the court is set to hear oral arguments pertaining to the Colorado appeal. As the primary season progresses, Trump continues to dominate the Republican field by a wide margin, but questions over his eligibility remain unanswered in more than fifteen states.
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The appeal court’s ruling against three demonstrators accused of impeding Congress’s certification of Electoral College votes is scheduled for review by the supreme court. Furthermore, Jack Smith, a special counsel for the Biden Justice Department, has brought four identical claims against President Trump. Through social media posts encouraging followers to reject President Joe Biden’s certification as the 2020 election winner, Trump is accused of instigating violence.
