Trump’s 2024 ballot status survives Illinois Board of Elections vote
The Illinois Board of Elections Allows Trump to Remain on Ballot
The Illinois Board of Elections unanimously decided to allow former President Donald Trump to remain on the ballot in the state, asserting that it lacked the authority to determine his eligibility under the Constitution.
The petitioners had argued Trump was ineligible to run for president, alleging he committed an insurrection with the Capitol riot on Jan. 6, 2021, in violation of section three of the 14th Amendment. The board, made up of four Democrats and four Republicans, voted 8-0 to heed the recommendation of its general counsel and leave eligibility questions up to the courts.
Board member Jack Vrett emphasized, “I think that we do not have jurisdiction to wade into the constitutional issue to decide the question of whether the candidate engaged in insurrection in violation of Section Three [of the 14th Amendment].” He further moved to deny the motion for summary judgment, grant the motion to dismiss for lack of jurisdiction, and overrule the objection.
The board’s decision did not assess the merits of the argument regarding Trump’s eligibility. Some members acknowledged their belief that he committed an insurrection but refrained from disqualifying him due to jurisdictional limitations.
Board member Catherine McCrory stated, “I want it to be clear that this Republican believes there was an insurrection on Jan. 6. There’s no doubt in my mind that he manipulated, instigated, aided and abetted an insurrection of Jan. 6. However, having said that, it’s not my place to rule on that today. So I will say ‘yes’ to the motion, as far as not having jurisdiction to rule on that.”
Trump’s legal team argued that the board lacked jurisdiction to rule on his eligibility under the Constitution. In December, the former president was deemed ineligible by the Colorado Supreme Court and Maine Secretary of State Shenna Bellows. The Supreme Court is scheduled to hear arguments in Trump’s appeal of the Colorado decision next month.
Trump expressed his gratitude for the board’s decision on Truth Social, stating, “Thank you to the Illinois State Board of Elections for ruling 8-0 in protecting the Citizens of our Country from the Radical Left Lunatics who are trying to destroy it. The VOTE was 8-0 in favor of keeping your favorite President (ME!), on the Ballot. I love Illinois. Make America Great Again!”
With this decision, Trump will appear on the primary ballot for the Republican presidential race in Illinois on March 19.
Lawyers representing the petitioners who sought to remove Trump from the ballot announced their intention to appeal the decision to a state court.
What was the basis of the petitioners’ argument against Trump’s eligibility and how did the Board of Elections respond?
Stion of eligibility. It’s for the courts to decide.”
The decision by the Illinois Board of Elections comes after several other states, including New York and California, have also allowed Trump to remain on their respective presidential ballots. In these cases, state election officials have similarly cited their lack of authority to determine a candidate’s eligibility under the Constitution.
The petitioners’ argument centered on section three of the 14th Amendment, which states that no person shall hold office if they have engaged in insurrection or rebellion against the United States. They claimed that Trump’s actions leading up to and including the Capitol riot constituted an insurrection, thereby disqualifying him from running for president.
However, the Board of Elections found that it did not have the power to make such a determination. The decision to allow Trump to remain on the ballot respects the principle of separation of powers, understanding that the courts are the appropriate venue to interpret and apply the Constitution.
This decision does not absolve Trump of any legal or constitutional consequences for his alleged role in the Capitol riot. It simply acknowledges that it is not the role of the Board of Elections to make those determinations. Instead, the courts will have the ultimate authority to examine the evidence, hear arguments from both sides, and render a judgment regarding Trump’s eligibility under the 14th Amendment.
The Illinois Board of Elections’ unanimous decision to leave eligibility questions to the courts demonstrates the importance of upholding the rule of law and respecting the proper roles of each branch of government. It recognizes that constitutional issues should be decided by the judiciary, which is constitutionally entrusted with the power of judicial review.
In the coming months, as the courts address these eligibility questions, the American public will have the opportunity to witness the judicial process at work. The parties arguing for and against Trump’s eligibility will present their evidence and legal arguments before impartial and independent judges. Ultimately, it will be the courts that will decide whether section three of the 14th Amendment disqualifies Trump from running for office.
The decision by the Illinois Board of Elections sets an important precedent, affirming the principle that election officials should not overstep their authority. By deferring to the judiciary, the Board respects the separation of powers and ensures that the constitutional rights of all candidates are protected.
While this decision may not satisfy those who believe Trump should be disqualified from running for president, it is a testament to the strength and resilience of the American democracy. In a country governed by the rule of law, it is essential to adhere to established legal processes and procedures, even if they yield outcomes that one finds disagreeable.
As the 2022 midterm elections approach, the decision of the Illinois Board of Elections serves as a reminder that the proper interpretation and application of the Constitution rest with the judiciary. It highlights the importance of preserving the independence and integrity of the courts as they fulfill their duty to uphold the Constitution and protect democratic norms.
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