On Wednesday, a judge in Illinois ordered the removal of former US President Donald Trump from the state’s primary election ballot, a decision contrasting a previous Illinois State Board of Elections ruling that had allowed Trump to remain as an official candidate. The judge’s order draws on Section 3 of the US Constitution’s Fourteenth Amendment, which prohibits anyone who has engaged in insurrection or rebellion from holding any office, civil or military, under the United States or any State.
Non-profit organisation Free Speech for People spearheaded the challenge to Trump’s inclusion on the ballot. They argued that Trump’s implication in the January 6, 2021, Capitol riot disqualified him from holding or running for office, a standpoint that has also been adopted in Colorado and Maine.
In siding with the petitioners, Cook County Circuit Judge Tracie Porter agreed that the decision of the Colorado Supreme Court to remove Trump from their ballot was compelling. She highlighted the high clear and convincing standard employed by the state to determine whether Trump indeed engaged in insurrection. This standard necessitates a firm belief or conviction that it is highly probable that the factual contentions are accurate.
Porter compared this to the Illinois State Board of Election’s lower standard of preponderance of evidence, which merely demands a demonstration that the proposition is more likely true than not. She criticized the board’s standard of review and application of available facts as clearly erroneous.
Free Speech for People issued a statement defending the judge’s order, with plans to pursue additional challenges in Minnesota, Michigan, Massachusetts, and Oregon. On the other hand, Trump spoke out against the ruling via a link on his social media platform, Truth Social.
Although acknowledging the probable confusion arising due to the proximity of the order to the state’s March 19 primary election, Porter has given until March 1 for any appeals to be lodged. The ruling arrives as the US Supreme Court prepares to review Colorado’s decision to remove Trump from their ballot.