SPRINGFIELD, Ill. — A Cook County judge ruled the Illinois State Board of Elections must take former President Donald Trump's name off the state's March 19 primary ballot Wednesday.
She placed her order on hold until Friday to allow an appeal. Donald Trump and his attorney appealed the ruling on Thursday. The former President remains on the Illinois ballot until the appeal can work its way through the Illinois court systems.
Judge Tracie Porter issued her decision after a group of voters trying to remove Trump’s name from the primary ballot over the Jan. 6, 2021, attack on the U.S. Capitol sued to counter the election board's unanimous rejection of its effort. The five voters argued Trump is ineligible to hold office because he encouraged and did little to stop the Capitol riot.
The case is one of dozens of lawsuits filed to remove Trump from the ballot, arguing he is ineligible due to a rarely used clause in the 14th Amendment prohibiting those who “engaged in insurrection” from holding office. The U.S. Supreme Court earlier this month signaled that it is likely to reject this strategy when it heard an appeal of a Colorado ruling removing Trump from the ballot there. Like the Illinois decision, that Colorado ruling is on hold until the appeal is finished.
Porter, in her 38-page ruling, wrote the petition by the group of voters should have been granted because they had met their burden and the Election Board's decision was “clearly erroneous.” Porter said her order would be put on hold if the Supreme Court’s ruling is ultimately “inconsistent” with hers.
“This is a historic victory,” said Ron Fein, Legal Director of Free Speech For People, co-lead counsel in the case. “Every court or official that has addressed the merits of Trump’s constitutional eligibility has found that he engaged in insurrection after taking the oath of office and is therefore disqualified from the presidency.”
Congressman Mike Bost from Southern Illinois called the ruling “blatant election interference.” County Clerks in Clinton, St. Clair, and Madison County all say Trump remains on the ballot. St. Clair County released a statement saying that “votes for Trump will be counted and reported on Election Day unless the IL Board of Elections or Courts say differently.”
State Sen. Erica Harris shared her views on the removal only with 5 On Your Side.
“Yesterday, a Cook County Judge ordered the Illinois State Board of Elections to disqualify former President Donald Trump from the ballot,” Harriss said. “We are currently awaiting the U.S. Supreme Court’s decision on a similar case which could impact this ruling. I believe the voters should have the final say at the ballot box.”
Clinton County Clerk Vicky Albers said it’s unfortunate that this process is happening so late into the election season. She, like many other county clerks, has been asked by early voters if their votes count.
“If I’m a county clerk, how do I go in now and take it off the ballot? You can’t," Bost said. "And what would that cost? What do you tell the people that came in and voted and thought their vote counted? This is the insanity of this stuff.”
The Illinois General Primary is scheduled for Tuesday, March 19. Early voting is already underway.
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