Retired Republican Judge Clark Erickson, who said former President Donald Trump’s name should be removed from the Illinois ballot ahead of the March 19 primary for inciting an insurrection, recommended Sunday that a higher court should make the decision, not the state board of elections. 

The objection to Trump’s ballot eligibility was brought forth by five Illinois voters who filed a petition earlier this month seeking to remove the former president from the state’s primary ballot. Trump’s attorneys, along with the group of objectors, presented their arguments on Friday to Erickson, the hearing officer. 

“[Trump] does not dispute that he knew violence was occurring at the Capitol. He understood that people were there to support him,” Erickson wrote in his 21-page recommendation. “Which makes one single piece of evidence, in this context, absolutely damning to his denial of his participation: The tweet regarding Mike Pence’s lack of courage while [Trump] knew the attacks were going on is inexplicable.”

“While it is true that subsequently, but not immediately afterwards, Candidate tweeted calls to peace, he did so only after he had fanned the flames. The Hearing Officer determines that these calls to peace via social media, coming after an inflammatory tweet, are the product of trying to give himself plausible deniability,” he continued. 

Erickson said the courts should have the ultimate say on Trump’s candidacy and whether or not he violated the 14th Amendment, citing that the state board of elections is unable to engage in “significant and sophisticated constitutional analysis,” according to the recommendation. 

“All in all, attempting to resolve a constitutional issue within the expedited schedule of an election board hearing is somewhat akin to scheduling a two-minute round between heavyweight boxers in a telephone booth,” he wrote.

The Illinois State Board of Elections, which is evenly divided between four Republicans and four Democrats, will consider the recommendation on Tuesday, the Associated Press reported. 

Free Speech for People is the organization leading the efforts to bar Trump from the ballot. The group applauded Erickson’s recommendation but told WBEZ Chicago it disagreed that the ballot decision is solely up to the courts. 

“We expect that the board and ultimately Illinois courts will uphold Judge Erickson’s thoughtful analysis of why Trump is disqualified from office but — with the greatest respect — correct him on why Illinois law authorizes that ruling,” Ron Fein, the organization’s legal director, said on Sunday. 

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Hawaii proposed legislation earlier this month to bar Trump from the state’s primary ballot and prevent state electors from nominating a candidate found in violation of the 14th Amendment. 

Maine and Colorado have yet to rule on Trump’s ballot eligibility, though the Supreme Court is set to hear the oral arguments for the Colorado case on Feb. 8.