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Ex-Judge Urges Booting Trump from Illinois Race Over January 6 Allegations

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Published on January 29, 2024
Ex-Judge Urges Booting Trump from Illinois Race Over January 6 AllegationsSource: The Trump Organization

Clark Erickson, a retired Kankakee County judge, recommended on Sunday that former President Donald Trump be removed from the Illinois primary ballot due to his alleged engagement in an insurrection on January 6, 2021. This recommendation, sourced from the Chicago Tribune, comes ahead of a Tuesday meeting where the Illinois State Board of Elections is set to deliberate on the matter.

While the recommendation has been made, Erickson, a registered Republican himself, believes that it's up to the courts to make the final call, emphasizing the complexities involved in conducting a thorough constitutional analysis by the board within the accelerated timeframe of the primary schedule. Trump's attorneys, fighting to keep him on the ballot, presented their case before Erickson last Friday, noted in a report by ABC News.

The issue in Illinois mirrors similar efforts in several other states to block Trump from ballots. Indeed, the Supreme Court is on the cusp of examining a Colorado Supreme Court ruling next month that tackles the 14th Amendment's clause against office-holding by individuals who have partaken in insurrection.

Although Erickson's 21-page recommendation concluded that there was a "preponderance of the evidence" that Trump engaged in insurrection, he doubted the election board's capacity to undertake "significant and sophisticated constitutional analysis" ahead of the rapidly approaching March 19 primary. Erickson compared attempting to resolve such a monumental constitutional issue in the timeframe to "scheduling a two-minute round between heavyweight boxers in a telephone booth," as per the Chicago Tribune.

The board's verdict is further complicated by its evenly split composition of four Democrats and four Republicans. Amidst these developments, Free Speech for People, the organization spearheading the Illinois ballot initiative, hailed Erickson's recommendation as a "significant" step. Ron Fein, the group's legal director, expressed expectations "that the board and ultimately Illinois courts will uphold Judge Erickson's thoughtful analysis of why Trump is disqualified from office," in remarks obtained by ABC News. Trump's campaign has not issued a response to the recommendation as of Sunday.