Trump survives Illinois Board of Elections vote determining his 2024 ballot status

The Illinois Board of Elections unanimously decided to allow former President Donald Trump to remain on the ballot in the state, arguing it did not have the authority to determine his eligibility under the Constitution.

The petitioners had argued Trump was ineligible to run for president, alleging he committed an insurrection with the Capitol riot on Jan. 6, 2021, in violation of section three of the 14th Amendment. The board, made up of four Democrats and four Republicans, voted 8-0 to heed the recommendation of its general counsel and leave eligibility questions up to the courts.

“I think that we do not have jurisdiction to wade into the constitutional issue to decide the question of whether the candidate engaged in insurrection in violation of Section Three [of the 14th Amendment],” board member Jack Vrett said before the vote. “Therefore, I further move that we deny the motion for summary judgment, grant the motion to dismiss for lack of jurisdiction, and therefore overrule the objection.”

The decision by the board did not evaluate the merits of the argument on whether Trump was ineligible, with some members of the board saying they believed he committed an insurrection but would not rule to disqualify him due to lack of jurisdiction.

“I want it to be clear that this Republican believes there was an insurrection on Jan. 6. There’s no doubt in my mind that he manipulated, instigated, aided and abetted an insurrection of Jan. 6,” board member Catherine McCrory said before her vote. “However, having said that, it’s not my place to rule on that today. So I will say ‘yes’ to the motion, as far as not having jurisdiction to rule on that.”

Trump’s lawyers had argued the board did not have jurisdiction to rule on his eligibility under the Constitution. The former president was deemed ineligible by the Colorado Supreme Court and Maine Secretary of State Shenna Bellows in December. The Supreme Court will hear arguments in Trump’s appeal of the Colorado decision next month.

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With the decision, Trump is set to appear on the primary ballot for the Republican presidential race in Illinois on March 19.

Lawyers for the petitioners who were seeking to boot Trump from the ballot said they would appeal the decision to a state court, according to the Associated Press.

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