On Friday, a hearing was held by a retired judge, Clark Erickson, appointed by the Illinois State Board of Elections, to determine whether the 14th Amendment’s “insurrectionist ban” is applicable to former President Donald Trump. This challenge was initiated by several Illinois voters who believe that Trump’s role in the January 6, 2021, Capitol insurrection should disqualify him from appearing on the 2024 presidential ballots in Illinois, following similar actions in Colorado and Maine.
Decisions in both Colorado and Maine are currently on hold, pending the outcome of Trump’s appeal of the Colorado case to the US Supreme Court. Erickson, who served on the Kankakee County Circuit Court for 25 years before his 2020 retirement, presided over the hearing in Chicago. His recommendation is set to be announced on Tuesday during the full election board meeting, where a vote will be held on the matter.
Matthew Piers, representing the challengers, argued that Trump submitted “false” paperwork to Illinois election officials, certifying that he was “fully qualified to serve as president.” Piers presented video footage of the Capitol assault and highlighted Trump’s failure to condemn the events of January 6. He also noted Trump’s recent reference to those convicted for their actions on that day as “hostages.”
Scott Gessler, Trump’s lawyer, countered these claims, arguing that the insurrectionist ban does not apply to the presidency and that Trump did not engage in any violence. Gessler, a former Colorado secretary of state, also raised due process concerns and accused the challengers of using “highly spurious legal theories” to prevent Trump from appearing on the ballot.
The Illinois State Board of Elections, a bipartisan panel consisting of four Democrats and four Republicans, is expected to vote on Erickson’s recommendation on Tuesday. Their decision can be appealed in Illinois state courts. The Illinois Republican primary is scheduled for March 19.
While Trump is currently leading the GOP nomination race, the Illinois contest may not significantly impact the political landscape. However, the dispute over his eligibility for the primary ballot is seen as a symbolic battle over his overall eligibility to return to the White House.
The election board is also expected to vote on a 14th Amendment challenge against President Joe Biden, lodged by a group of conservative activists. They argue that Biden “provided aid or comfort to the enemies of the United States” by failing to secure the US-Mexico border. However, legal experts have largely dismissed this claim as a meritless stunt.