Former Judge's Opinion on Trump's Disqualification Raises Concerns
A former Republican judge, Clark Erickson, appointed to hear arguments on whether to disqualify former President Donald J. Trump from the Illinois primary ballot, made headlines on Sunday with his opinion that Trump engaged in insurrection by attempting to remain in office after the 2020 election.
While Erickson's opinion will be considered by the State Board of Elections, he also stated that the board lacks the authority to disqualify Trump on those grounds, suggesting that the matter should be left to the courts.
While Trump has been found ineligible for the primaries in Colorado and Maine. The former president is likely to appear on the primary ballots in those states as the U.S. Supreme Court considers an appeal of the Colorado ruling.
In Illinois, the State Board of Elections would require at least five out of the eight members to vote in favor of removing Trump from the ballot. The board consists of four Democrats and four Republicans, and their decision can be appealed to the courts before the March 19 primary.
The challenge in Illinois, like those in other states, is based on a clause of the 14th Amendment of the U.S. Constitution, which disqualifies government officials who "engaged in insurrection or rebellion" from holding office.
In his written opinion, Erickson recommended that the board dismiss the objection to Trump, citing Illinois Supreme Court precedent that limits the Elections Board's ability to engage in the "significant and sophisticated constitutional analysis" required for such a ruling.
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Nevertheless, Erickson suggested that if the board disagreed with him on the jurisdictional question, they should disqualify Trump from the primary ballot.
As the hearing approaches, the board's general counsel is expected to make a formal recommendation. The publication of Erickson's opinion by lawyers representing residents who objected to Trump's candidacy has been confirmed by Bernadette Matthews, the executive director of the Board of Elections.
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