Illinois' election board on Tuesday kept former President Trump on the state's primary ballot, a week before the US Supreme Court hears arguments on whether his role in the 2021 attack on the Capitol disqualifies him from the presidency. The board's unanimous ruling comes after its hearing officer, a retired judge and Republican, found that a "preponderance of the evidence" shows Trump is ineligible to run for president because he violated a constitutional ban on those who "engaged in insurrection" from holding office, per the AP. But the hearing officer recommended the board let the courts make the ultimate decision.
The eight-member board, composed of four Democrats and four Republicans, agreed with a recommendation from its lawyer to let Trump remain on the ballot by determining it didn't have the authority to determine whether he violated the US Constitution. Board member Catherine McCrory prefaced her vote with a statement: "I want it to be clear that this Republican believes that there was an insurrection on Jan. 6. There's no doubt in my mind that he manipulated, instigated, aided, and abetted an insurrection on Jan. 6." But McCrory agreed the board doesn't have jurisdiction to enforce that conclusion. An appeal is expected.
The overriding issue will likely be decided at a higher court, with the US Supreme Court scheduled next week to hear arguments in Trump's appeal of a Colorado ruling declaring him ineligible for the presidency in that state. The nation's highest court has never ruled on a case involving Section 3 of the 14th Amendment, which was adopted in 1868 to prevent former confederates from returning to office after the Civil War but has rarely been used since then. Some legal scholars say the post-Civil War clause applies to Trump for his role in trying to overturn the 2020 election. Dozens of cases have been filed around the country seeking to bar Trump from the presidency under Section 3. The Colorado case is the only one that succeeded in court.
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