Illinois election officials to weigh recommendation to remove Trump’s name from March primary ballot

CHICAGO– Former President Donald Trump should be removed from the primary ballot in Illinois, but the decision should be left to the courts, a retired judge advised the state’s election board on Sunday, arguing that it was clear Trump was involved in an insurrection on January 6, 2021. , attack on the US Capitol.

The Illinois State Board of Elections is expected to consider the recommendation Tuesday. Lawyers for Trump and citizens who want to keep the Republican former president off the ballot presented their arguments Friday before the hearing officer, Clark Erickson. The retired Kankakee County judge is a Republican.

Illinois’ efforts to keep Trump off the March ballot are similar to those in several other states. The U.S. Supreme Court will hear arguments next month in a landmark ruling by the Colorado Supreme Court to remove Trump from the ballot in that state. The case presents the Supreme Court for the first time with a provision of the 14th Amendment that bars some people who have “rebelled” from holding public office.

Erickson’s 21-page recommendation concluded that a “preponderance of the evidence presented” proves that Trump engaged in an insurrection.

But he said the election board cannot engage in the “significant and sophisticated constitutional analysis” needed to remove Trump’s name before the March 19 primary.

“All in all, attempting to resolve a constitutional issue within the expedited schedule of an Election Board hearing is somewhat akin to scheduling a two-minute round between heavyweight boxers in a telephone booth,” he wrote.

Still, Erickson noted that even if the board disagrees with its reasoning, Trump’s name should be removed from the Illinois primary.

The election board is evenly divided between four Democrats and four Republicans.

Free Speech for People, which oversees Illinois elections, praised the Republican retired judge’s recommendation as “significant” but argued that Illinois law allows the board to make the voting decision.

“We expect that the Administration and ultimately the Illinois courts will agree with Judge Erickson’s thoughtful analysis on why Trump is disqualified from office, but correct him – with the utmost respect – on why Illinois law allows this ruling.” , said Ron Fein, the group’s legal director. , wrote in a statement on Sunday.

Trump’s campaign did not immediately return a message left Sunday.