- Written by Madeline Halpert
- BBC News, New York
An Illinois judge has ruled that Donald Trump will be barred from the state’s primary ballot for insurrection, but put the ruling on hold pending an appeal.
Two other states, Colorado and Maine, excluded Trump from their primary ballots for violating the 14th Amendment’s “insurrection” clause.
The final outcome will likely be determined by the U.S. Supreme Court.
The Illinois primary election is scheduled for March 19th.
Early voting for the primary election has already begun. Trump, the front-runner for the Republican presidential nomination, will remain on the ballot until at least Friday while he has time to appeal his order.
Cook County Circuit Judge Tracy Porter agreed with voters who argued that Trump violated the 14th Amendment because of his role in the Jan. 6 Capitol riot.
This comes after the Colorado Supreme Court barred Trump from voting in the Republican primary in December, saying his actions during the 2021 Capitol riot amounted to insurrection. .
In his ruling, Judge Porter called Colorado’s rationale “persuasive.” He argued that the state election board was wrong to reject an earlier proposal to remove Trump from the ballot.
“The Illinois State Board of Elections shall remove Donald J. Trump from the ballot for the March 19, 2024 general primary election or suppress any votes cast for him,” she said. Ta.
President Trump’s spokesperson called the ruling “unconstitutional” and said he would appeal.
“Soros-funded Democratic front groups continue to interfere in the election and seek to deny President Trump his rightful place on the ballot,” the spokesperson said.
Trump has already appealed the Colorado case to the Supreme Court.
The Supreme Court heard arguments in the case earlier this month and appeared skeptical of Colorado’s decision to bar Trump from voting.
The legal challenge hinges on a Civil War-era constitutional amendment that bars anyone who “participated in rebellion or insurrection” from holding federal office.
But the Supreme Court justices had tough questions for those representing Colorado voters who supported Trump’s ouster.
Conservative Justice Brett Kavanaugh asked whether there could be a “disenfranchisement effect” if voters were not able to decide for themselves whether they wanted Trump as president.
The Illinois judge’s decision comes after the Supreme Court agreed Wednesday to hear yet another case involving Trump. The 6-3 conservative-majority court is scheduled to decide whether there is immunity protecting the former president from lawsuits over his attempts to overturn the 2020 election.