Cook County judge rules Donald Trump should be removed from Illinois Republican primary ballot

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A Cook County judge has ordered the Illinois Board of Elections to remove Donald Trump from ballots statewide for the March 19 primary.

However, the judge also issued an immediate stay to her own order to give time for the former president's attorneys to appeal.

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A group of voters have argued he should be barred for engaging in insurrection during the January 6 attack on the U.S. Capitol.

In a lengthy decision, Judge Tracie Porter said the Illinois State Board of Elections reached the wrong conclusion last month when it rejected the petition by five Illinois voters who objected to Trump's candidacy. The objectors claimed Trump's actions surrounding the Jan. 6, 2021, assault on the U.S. Capitol amounted to an "insurrection" and, thus, disqualified him under the 14th Amendment.

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The objection in Illinois was first heard by an administrative hearing officer who recommended the complaint be dismissed. Clark Erickson, a retired Republican judge, said Trump's actions surrounding the Jan. 6 attack on the Capitol likely constituted an insurrection, but that such questions were beyond the scope of the Board of Elections' authority.

On Jan. 30, the Board of Elections agreed and voted unanimously to dismiss the objection. The board also said the objectors had failed to show that Trump knowingly lied on his statement of candidacy in Illinois when he declared he was legally qualified to hold the office of president. The objectors then requested a judicial review in Cook County Circuit Court.

The judge gave the former president's lawyers until Friday to file an appeal. A spokesperson for Trump's team said they plan to "quickly appeal" the ruling.

The organization Free Speech for People, which served as co-lead counsel in the case, hailed the decision as a "historic victory."

"It's incredibly significant the Judge Porter reviewed the very substantial evidentiary record and found it former President Trump engaged in insurrection," said Caryn Lederer, attorney representing Free Speech for People. "We defer to the Constitution in setting the limit at two terms and presidential age at 35. Section Three of the 14th Amendment provides that you're disqualified from office if you engage in insurrection after taking an oath to uphold the Constitution."

Constitutional law experts pointed out a similar case in Colorado is currently pending in the U.S. Supreme Court.

"The elephant in the room is that the Supreme Court is going to issue a ruling pretty soon," said Jonathan Masur, professor of law at University of Chicago Law School.

Now Trump's place on the Illinois primary ballot is effectively, but indirectly, up to the Supreme Court.

"I think the chances that it upholds this decision and keeps Trump off the ballot are basically zero," Masur said.

Capitol News Illinois contributed to this report.