Politics & Government
Effort To Remove Donald Trump From Illinois Ballot Shifts To Courts
After their objection to his candidacy was dismissed by the Illinois State Board of Elections, a group of voters want a judge to intervene.
CHICAGO — The group of Illinois voters who object to the candidacy of President Donald Trump want a Cook County judge to reverse this week's unanimous state election board decision keeping Trump's name on the ballot in next month's primary election.
As in other states, the legal challenge centers on interpretations of a clause in the 14th Amendment's and whether Trump's actions related to the Jan. 6, 2021, Capitol riot qualify as taking part in insurrection or rebellion.
The "insurrection clause" was drawn up to restrict U.S. officials who had defected to the Confederate States of America from holding office. From the Congress granted amnesty to most former Confederates in 1872 until the Capitol riot, it was only invoked once — to block Milwaukee socialist Victor Berger from the seat in the House of Representatives to which he was twice elected.
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On Tuesday, the eight-member Illinois State Board of Elections voted unanimously to keep Trump on the ballot, even though the hearing officer found that "the evidence presented at the hearing proves by a preponderance of the evidence that Candidate engaged in insurrection."
That's because the officer — retired Republican judge Clark Erickson — found the elections board is forbidden by law and prior court rulings from engaging in constitutional analysis.
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In a motion filed the same day as the election board's decision to dismiss their objection, an attorney for the five voters asked a court to expedite its decision to minimize disruptions for election authorities.
"Given the matters of significant public interest at issue in this case, it is highly likely that the case will ultimately be resolved by the Illinois Supreme Court," attorney Ed Mullen argued on their behalf. "Thus, a prompt ruling from this Court, to allow sufficient time for further appellate review in advance of the looming ballot deadlines, is of the utmost importance
Marni Malowitz, the general counsel for the Illinois State Board of Elections, concurred with Erickson's recommendation to certify Trump's name on the March 19 ballot, noting that the question of whether Trump made a false statement when he declared he was eligible for office comes down to his state of mind.
"Objectors have presented no evidence whatsoever to indicate that Candidate knowingly made a false statement when he signed his Statement of Candidacy and swore he was legally qualified for the office sought," Malowitz said in her recommendations to the board.
"Although I do not doubt that Objectors sincerely believe Candidate engaged in insurrection and is not legally qualified to hold office, Candidate believes the opposite, and Objectors have not offered evidence to refute this," she added. "Objectors offered thousands of pages of records in support of their petition, but they did not offer any evidence beyond the Statement of Candidacy itself to show Candidate’s intent when he signed his Statement of Candidacy."
Objectors Steven Anderson, Charles Holley, Jack Hickman, Ralph Cintron and Darryl P. Baker are represented by attorneys from two Chicago law firms and the Massachusetts-based nonprofit Free Speech for People.
Their motion for expedited consideration of their petition, outlines a proposed schedule for a court to the merits of the Electoral Board's decision and suggests a briefing deadline of Friday with a hearing and oral argument on Monday.
Trump responded to this week's ruling with a statement on social media.
"Thank you to the Illinois State Board of Elections for ruling 8-0 in protecting the Citizens of our Country from the Radical Left Lunatics who are trying to destroy it," Trump said in a post on Truth Social.
"The VOTE was 8-0 in favor of keeping your favorite President (ME!), on the Ballot," he added. "I love Illinois."
The U.S. Supreme Court is expected to hear arguments this month on whether the insurrection clause requires the former president to be kept off the ballot.
The Colorado Supreme Court ruled 4-3 in December that Trump should not be permitted on the GOP primary ballot. The secretary of state of Maine, a Democrat, also found the former president ineligible. Both decisions were appealed.
In another of Trump's legal challenge, a federal judge on Friday postponed his trial date from March 4 due to his appeal claiming to be immune from prosecution for his actions in office. U.S. District Judge Tanya Chutkan has said that the former president's legal team will be provided with seven months to prepare for trial once the appeal is resolved.
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