CHICAGO (AP) — Illinois’ election board on Tuesday kept former President Donald Trump on the state’s primary ballot, a week before the U.S. Supreme Court hears arguments on whether the Republican’s role in the Jan. 6, 2021, attack on the U.S. 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. 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 U.S 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 said she agreed the board doesn’t have jurisdiction to enforce that conclusion.
Trump’s attorney urged the board not to get involved, contending the former president never engaged in insurrection but that wasn’t something it could determine. “We would recommend and urge the board to not wade into this,” attorney Adam Merrill said.
An attorney for the voters who objected to Trump’s presence on the ballot said they’d appeal to Cook County circuit court. “What’s happened here is an avoidance of a hot potato issue,” attorney Matthew Piers told reporters after the hearing. “I get the desire to do it, but the law doesn’t allow you to duck.”
The issue will likely be decided at a higher court, with the U.S. 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 presidential election and encouraging his backers to storm the U.S. Capitol after he lost to Democrat Joe Biden.