Former President Donald Trump engaged in the January 6, 2021, insurrection at the US Capitol but should stay on the ballot in Illinois, a retired judge told the state election board, which is set to vote Tuesday on his recommendation.
Retired state judge Clark Erickson — a Republican — issued the recommendation after presiding Friday over an evidentiary hearing at which lawyers from both sides clashed over whether Trump is disqualified from holding office under the 14th Amendment’s “insurrectionist ban.”
In his written recommendation to the Illinois State Board of Elections, Erickson concluded that the board doesn’t have the authority to vet candidates based on federal constitutional considerations. Therefore, he recommended that the board dismiss the case against Trump.
However, he also said that if the panel believes it does have the statutory authority to review Trump’s eligibility under the 14th Amendment, then they should remove Trump from the ballot because he “engaged in insurrection” in connection with the January 6 attack.
The Illinois State Board of Elections, which will vote on whether to accept Erickson’s recommendation, is a bipartisan panel with four Democrats and four Republicans. Their decision can be appealed in Illinois state courts — and Erickson concluded that some of these key questions “belong in the courts,” instead of the election board.
Regarding the events of January 6, Erickson concluded that the former president led “an elaborate plan” to disrupt the peaceful transfer of power and later tried to give himself cover by halfheartedly calling for peace.
“Even though the Candidate may not have intended for violence to break out on January 6, 2021, he does not dispute that he received reports that violence was a likely possibility on January 6, 2021. Candidate does not dispute that he knew…
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