A former Republican judge appointed to oversee the debate on whether to disqualify former President Donald J. Trump from the Illinois primary ballot has asserted that Mr. Trump engaged in insurrection by attempting to stay in office after the 2020 election. Nevertheless, the judge, Clark Erickson, stated in his nonbinding opinion that the State Board of Elections lacked the authority to disqualify Mr. Trump on these grounds and that the matter should be left to the courts.
This decision represents a symbolic setback for the former president, who has faced challenges to his candidacy in 35 states and has already been disqualified from the primaries in Colorado and Maine. However, Mr. Trump is still expected to appear on the primary ballots in these states as the U.S. Supreme Court is currently considering an appeal of the Colorado ruling.
In Illinois, at least five out of the eight members of the Board of Elections would need to vote in favor of removing Mr. Trump from the ballot for it to happen. The board consists of four Democrats and four Republicans. If their decision is unfavorable, it can be appealed to the courts before the March 19 primary.
The challenge in Illinois, similar to those in other states, is based on a clause in the 14th Amendment of the U.S. Constitution that disqualifies government officials who have “engaged in insurrection or rebellion” from holding office. During a hearing in downtown Chicago, lawyers representing residents who objected to Mr. Trump’s candidacy accused him of insurrection and presented footage from the Capitol riot on January 6, 2021. Mr. Trump’s lawyers denied the allegation and argued that the constitutional clause in question did not apply to the presidency.
Mr. Erickson, in his written opinion, recommended that the board dismiss the objection to Mr. Trump, citing a precedent set by the Illinois Supreme Court that prevents the Elections Board from conducting the necessary constitutional analysis. However, if the board disagrees with him on the jurisdictional question, Mr. Erickson believes they should disqualify Mr. Trump from the primary ballot.
The board’s general counsel is expected to provide a formal recommendation before the hearing. The authenticity of Mr. Erickson’s opinion, which was published by lawyers representing objecting residents, has been confirmed by the executive director of the Board of Elections.
Mr. Erickson, a retired Republican state judge from Kankakee County, presided over the hearing in a conference room in a government office. In a past interview with The Daily Journal, he emphasized his nonpartisan approach to the bench. However, his opinion on Mr. Trump’s conduct carries significance, according to Ron Fein, the legal director of Free Speech for People, which assisted in bringing objections in multiple states.
While Illinois is not expected to be competitive in November’s general election, it is a state with a significant number of delegates, and the primary election could be crucial for Mr. Trump in securing the Republican nomination. The ultimate resolution of Mr. Trump’s eligibility is anticipated to come from the U.S. Supreme Court, with oral arguments for the Colorado appeal scheduled for February 8. In the meantime, challenges to Mr. Trump’s eligibility remain unresolved in over 15 states as the primary season progresses and Mr. Trump maintains a commanding lead among Republicans.
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