(DailyChive.com) – Judge Tracie Porter ruled that former President Donald Trump be removed from the Illinois Republican primary ballot. The Cook County judge based her decision on the former president’s alleged involvement in the January 6 Capitol riot and subsequent disqualification from running for a public office under the 14th Amendment.
Porter had cited the recent Colorado Supreme Court ruling, which used the same clause to bar Trump from that state’s ballot. But on Monday, March 4, the U.S. Supreme Court ruled unanimously that states may not use the 14th Amendment to disqualify candidates. This puts Trump back on the ballot in the three states that had removed him, and prevents any other states from doing the same.
While Judge Porter ruled that votes cast for Trump in the primary would be disregarded, she temporarily suspended the effect of her decision. That allowed for appeals to higher state courts and a final decision from the Supreme Court on the Colorado case.
The Trump campaign immediately denounced the ruling as “unconstitutional” and vowed to appeal it, aiming to keep Trump on the Illinois ballot.
A group of Illinois voters filed the lawsuit seeking Trump’s removal with support from Free Speech for People, an organization known for challenging Trump’s ballot access in various states based on the 14th Amendment. The organization’s legal director, Ron Fein, praised the ruling as a “historic victory,” arguing that Trump’s actions during his presidency disqualified him from future office.
Judge Porter said that the GOP presidential front runner “allegedly falsely swore” about his legal qualification for the presidency when filing for the Illinois primary ballot, referencing the Colorado Supreme Court’s prior determination of his involvement in the federal crime.
This decision came from an appeal of the earlier ruling of the Illinois State Board of Elections, which allowed Trump’s candidacy to proceed despite objections regarding his role in the Capitol riot.
The 14th Amendment prohibits individuals who engaged in insurrection against the Constitution from holding public office. Porter rejected the Board of Elections’ argument that Trump’s filing was not knowingly false and emphasized the need for a comprehensive interpretation of the Amendment that includes the presidency.
In justifying her decision, Porter referenced findings from a hearing examiner appointed by the State Board of Elections. Based on evidence from a U.S. House of Representatives investigation, the examiner concluded that Trump had indeed engaged in insurrection.
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