In a recent recommendation to the Illinois State Board of Elections, retired state judge Clark Erickson, a Republican, stated that despite former President Donald Trump’s involvement in the January 6, 2021, insurrection at the US Capitol, he should remain on the Illinois ballot. The board is expected to vote on this recommendation on Tuesday.
The recommendation came after an evidentiary hearing on Friday where legal representatives from both sides debated whether Trump’s involvement in the insurrection disqualifies him from holding office under the 14th Amendment’s “insurrectionist ban”.
In his written recommendation, Erickson concluded that the board lacks the authority to vet candidates based on federal constitutional considerations, hence his recommendation to dismiss the case against Trump. However, he also stated that if the board believes it has the statutory authority to review Trump’s eligibility under the 14th Amendment, then they should remove Trump from the ballot due to his engagement in the insurrection.
The Illinois State Board of Elections, a bipartisan panel consisting of four Democrats and four Republicans, will vote on Erickson’s recommendation. The decision can be appealed in Illinois state courts, a venue Erickson believes is more suited for these key questions.
Regarding the events of January 6, Erickson concluded that Trump orchestrated “an elaborate plan” to disrupt the peaceful transfer of power and later attempted to cover his tracks by calling for peace. He noted that Trump was aware of the potential for violence on that day and did not dispute the occurrence of violence at the Capitol.
Erickson also criticized Trump’s public comments during the attack, including tweets that called for peace without instructing his supporters to leave the Capitol building. He described these calls for peace as attempts to provide plausible deniability.
The retired judge also criticized Trump for his attack on Vice President Pence for not overturning the 2020 election results. Erickson concluded that this tweet was compelling evidence of Trump’s support for the insurrection.
The challenge against Trump was filed by several Illinois voters who argued that Illinois should follow Colorado and Maine in removing Trump from their 2024 presidential ballots due to his role in the insurrection. The decisions in these states are currently on hold pending the outcome of Trump’s appeal of the Colorado case to the US Supreme Court. Similar lawsuits in Michigan, Minnesota, and other states have been dismissed on procedural grounds.