Trump Stays on Ballot in Illinois, State Board Rules

CHICAGO — The Illinois State Board of Elections rejected a complaint Tuesday that sought to disqualify former President Donald Trump from the state’s primary ballot.

The appointed eight-member board determined unanimously that it did not have the authority to decide whether Trump had engaged in insurrection, the basis for the complaint. Its ruling can be appealed to the courts.

The board had appointed a former Republican judge, Clark Erickson, to hear arguments in the case. In an opinion made public over the weekend, Erickson said that he believed Trump had engaged in insurrection by attempting to remain in office after losing the 2020 election. But Erickson said he did not believe the board had the authority to disqualify Trump on those grounds and that the question should instead be left to the courts.

Trump, the leading Republican candidate for president, has faced official challenges to his candidacy in 35 states and has so far been found ineligible for primaries in two of them, Colorado and Maine. Trump is still likely to appear on the primary ballots in both of those states, because the ineligibility decisions are on hold while the U.S. Supreme Court considers an appeal of the Colorado ruling.

The Illinois challenge, like those in other states, is based on a clause of the 14th Amendment to the U.S. Constitution that bans government officials who “engaged in insurrection or rebellion” from holding office.

In his written opinion, Erickson recommended that the board dismiss the voters’ complaint about Trump because Illinois Supreme Court precedent prevented the Elections Board from engaging in the “significant and sophisticated constitutional analysis” that would be necessary to reach a ruling. But if the board disagreed with him on the jurisdictional question, Erickson said he believed they should disqualify Trump from the primary ballot.

Illinois, a Democratic stronghold in presidential politics, is not expected to be competitive in November’s general election. But it is a delegate-rich state where the Republican primary could help Trump lock down his party’s nomination.

Many observers expect the U.S. Supreme Court to make the final decision on the question of Trump’s eligibility. Oral arguments before the court in the Colorado appeal are scheduled for Feb. 8.

In the meantime, with primary season underway and Trump holding a commanding lead on the Republican side, challenges to his eligibility remain unresolved in more than 15 states.

This article originally appeared in The New York Times .