Former President Donald Trump should be removed from Illinois’ primary ballot, but the decision should be left to the courts, a retired judge recommended Sunday to the state’s election board, arguing that it was clear Trump engaged in insurrection in the Jan. 6, 2021, attack on the U.S. Capitol.
The Illinois State Board of Elections is expected to consider the recommendation Tuesday. Attorneys for Trump and citizens seeking to keep the Republican former president off the ballot presented their arguments Friday before the hearing officer, Clark Erickson. The retired longtime Kankakee County judge is a Republican.
The Illinois effort to keep Trump off the March ballot is similar to those filed in several other states. The U.S. Supreme Court is set to hear arguments next month in an historic Colorado Supreme Court ruling to remove Trump from that state’s ballot. The case presents the high court with its first look at a provision of the 14th Amendment barring some people who “engaged in insurrection” from holding public office.
Erickson’s 21-page recommendation concluded that a “preponderance of the evidence” presented proves that Trump engaged in insurrection.
This is the best summary I could come up with:
CHICAGO (AP) — Former President Donald Trump should be removed from Illinois’ primary ballot, but the decision should be left to the courts, a retired judge recommended Sunday to the state’s election board, arguing that it was clear Trump engaged in insurrection in the Jan. 6, 2021, attack on the U.S. Capitol.
Attorneys for Trump and citizens seeking to keep the Republican former president off the ballot presented their arguments Friday before the hearing officer, Clark Erickson.
The case presents the high court with its first look at a provision of the 14th Amendment barring some people who “engaged in insurrection” from holding public office.
But he said the election board can’t engage in the “significant and sophisticated constitutional analysis” required to remove Trump’s name before the March 19 primary.
Still, Erickson noted that even if the board disagrees with his reasoning, Trump’s name should be removed from the Illinois primary ballot.
“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.
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