Devendra Kumar
The Illinois State Board of Elections has decided to keep former US president Donald Trump on the state’s primary ballot, despite a recommendation from the hearing officer that he is ineligible to run for president due to his involvement in the January 6, 2021, attack on the US Capitol. The board’s decision comes as the US Supreme Court is set to hear arguments next week on whether Trump’s actions disqualify him from holding office.
The hearing officer, a retired judge and Republican, found that a “preponderance of the evidence” shows Trump violated the constitutional ban on those who “engaged in insurrection” from holding office. However, the hearing officer recommended that the board let the courts make the ultimate decision, which is likely to happen now.
Trump’s lawyer, Adam Merrill, urged the board not to get involved, arguing that the former president never engaged in insurrection and that it was not for the board to determine. A lawyer for the voters who objected to Trump’s presence on the ballot said they would appeal to state court.
The decision is significant because it keeps Trump on the ballot in Illinois, where he has a strong base of support. However, the controversy over his eligibility has sparked debate among legal scholars and officials, with some arguing that his actions on January 6, 2021, disqualify him from holding office.
Trump’s critics argue that he is disqualified by the plain language of Section 3 of the 14th Amendment, which forbids those who swore an oath to “support” the constitution, then “engaged in insurrection” against it from holding office. They contend that Trump’s actions on January 6, 2021, meet this definition, and that he is therefore ineligible to run for president.
However, Trump’s lawyers have argued that the provision is vague and unclear and that January 6, 2021, does not meet the legal definition of an insurrection. They also argue that Trump was simply exercising his First Amendment rights and is not liable for what occurred.
The debate over Trump’s eligibility has implications not only for his own political prospects but also for the broader political terrain. If the Supreme Court ultimately rules that Trump is disqualified from holding office, it could have significant consequences for the 2024 presidential election and the future of the Republican Party.
In the meantime, Trump’s critics are likely to continue to pressure the board and the court to take action against him. As the legal battle continues to unfold, it remains to be seen what the ultimate decision will be.