Illinois joins 17 other states in considering Trump’s ballot access challenge
A Coalition of Voters in Illinois Seeks to Keep Trump off State Ballots
A coalition of voters in Illinois is making a bold move to prevent former President Donald Trump from appearing on the state’s ballots. They are invoking the “insurrection” clause of the 14th Amendment in their attempt to disqualify Trump from seeking office once again.
According to a filing obtained by the Chicago Sun-Times, five voters are suing the State Board of Elections to block Trump from running as a presidential candidate in the state’s upcoming primary and general elections.
The group’s lawyers argue that Trump should be disqualified under a provision of the 14th Amendment, which prohibits insurrectionists from holding public office. They claim that his actions and encouragement of the rioters who stormed the U.S. Capitol on January 6, 2021, make him unfit for office.
The Illinois election board has suggested that the decision to invoke Section 3 of the 14th Amendment should be left to the courts or the state legislature, rather than the board itself. However, the voters believe that the election board should be the one to make the call.
“We’re not engaging in politics here. We’re engaging in the application of constitutional principles,” said Matthew Piers, a civil rights attorney and president of the Hughes Socol Piers Resnick & Dym law firm, which assisted in drafting the lawsuit.
If the State Board of Elections defers the question to the courts, the dispute could end up in the state court system and potentially reach the Illinois Supreme Court, where Democrats hold a majority.
This argument based on the 14th Amendment has led to over 30 lawsuits across the country seeking to bar Trump from state primary ballots. Last month, the Colorado Supreme Court ruled that Trump’s actions constituted insurrection and disqualified him from the ballot. A similar decision was made by Maine’s Democratic secretary of state. Both rulings are currently on hold pending appeals.
While Michigan and Minnesota high courts have allowed Trump to remain on primary ballots, California’s secretary of state recently decided that he could stay on the ballot in that state as well.
According to Lawfare, a nonpartisan group tracking such litigation, more than 30 states have faced lawsuits attempting to remove Trump from primary election ballots. Some claims have been dismissed by judges, but lawsuits are still pending in 16 states, including Illinois.
Trump has criticized these attempts to bar him from ballots, calling them a threat to democracy and voters’ rights. He has labeled them as signs of a “banana republic.” Despite these challenges, Trump remains popular among Republican voters and is leading in the polls against other candidates.
Currently, Trump is facing 91 criminal charges across four indictments and has requested that the Supreme Court quickly resolve these disputes.
What are the differing opinions among legal experts regarding the applicability of Section 3 of the 14th Amendment in this context, and what potential legal challenges might the coalition face in their lawsuit against the Illinois State Board of Elections
, rather than being determined by state election officials. This raises the question of whether the coalition’s efforts will be successful in preventing Trump from appearing on the Illinois ballots.
The 14th Amendment, ratified in 1868, was primarily designed to grant citizenship to former slaves and ensure equal protection under the law. However, Section 3 of the amendment specifically addresses the issue of insurrection. It states that anyone who has engaged in insurrection or rebellion against the United States, or given aid and comfort to its enemies, shall be disqualified from holding any office.
The coalition of voters in Illinois believes that Trump’s actions leading up to and during the Capitol riots fall under this provision. They argue that his false claims of election fraud, his inflammatory rhetoric, and his encouragement of his supporters to “fight like hell” directly contributed to the violence and insurrection that unfolded on January 6th.
By invoking the 14th Amendment, the coalition hopes to not only prevent Trump from seeking office in Illinois but also send a strong message that those who incite violence and betray the principles of democracy should face consequences.
However, there are differing opinions on whether invoking the 14th Amendment can actually disqualify Trump from running for office again. Some legal experts argue that Section 3 of the amendment was primarily intended to address former Confederates and may not be applicable in this context. They suggest that it would require legislation or another constitutional amendment to specifically address the disqualification of a former president.
The decision ultimately lies in the hands of the courts. The coalition’s lawsuit against the Illinois State Board of Elections will likely face scrutiny and legal challenges. It remains to be seen whether the invocation of the 14th Amendment will hold up in court and successfully prevent Trump from appearing on the Illinois state ballots.
Regardless of the outcome, the coalition’s efforts highlight the deep divisions within American society and the lingering consequences of the violent events that unfolded on January 6th. They also raise important questions about accountability and the limits of political participation. While democratic principles guarantee the right to seek office, the actions of those who incite violence and undermine the democratic process must be carefully examined and addressed to ensure the integrity of our democracy.
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