Objectors to Trump's primary candidacy appeal to courts following SBE decision

Objectors to former President Donald Trump's candidacy have taken their case to the Cook County Circuit Court, following an unfavorable ruling from the Illinois State Board of Elections on Tuesday.

A group of five Illinois voters, with support of the non-partisan election integrity group Free Speech for People, on Wednesday requested an expedited ruling before primary ballots are printed on Friday and early voting that begins Feb. 8. The appeal maintains the Illinois Supreme Court will likely take up the case, where Democrats hold a 5-2 majority.

"A prompt ruling from this court, to allow sufficient time for further appellate review in advance of the looming ballot deadlines, is of the utmost importance," the appeal reads.

The objectors maintain that Trump violated Section 3 of the 14th Amendment, known as the insurrection clause, which bars those who have taken an oath to uphold the Constitution from holding public office if they have engaged in an insurrection against the country.

More: Illinois State Board of Elections votes unanimously to keep Biden, Trump on primary ballot

SBE ruled unanimously Tuesday to keep the Republican frontrunner on the primary ballot, citing a lack of jurisdiction to conduct a constitutional analysis. Still, members of the eight-person, bipartisan board agreed with objectors that Trump led an insurrection at the U.S. Capitol on Jan. 6, 2021.

"There’s no doubt in my mind that (Trump) manipulated, instigated, aided, and abetted an insurrection on Jan. 6,” said GOP board member Catherine McCrory during the meeting held jointly in Chicago and Springfield. “However, having said that, it is not my place to rule on that today.”

Attorneys for the Trump objectors disagreed with the ruling that followed the recommendation of hearing officer Clark Erickson to keep the former president on the ballot. Attorney Matthew Piers said ISBE has applied constitutional analysis in prior rulings, despite its claim that it lacked the authority to do so.

"You may not have anticipated cases of this complexity or this degree of controversy, but that does not change your statutory and constitutional authority," he said from Chicago.

Proving Trump led an insurrection, the objectors pointed to the U.S. House Jan. 6 report which recommended criminal charges be filed against the former president. Scott Gessler and Adam Merrill, Trump's legal counsel, contended that report was partisan and urged it not to be considered valid evidence.

"Mr. Trump has denied ever participated in an insurrection," said Merrill, a Chicago-based attorney. "He never advocated violence — there's nothing in the record that suggests that he did."

The appeal comes as the U.S. Supreme Court has agreed to hear oral arguments in a Colorado case that removed Trump from the ballot. That state's high court has delayed its prior ruling ahead of the Supreme Court's hearing on Feb. 8.

Whether the Colorado case will have any impact on the appeal filed in Cook County is unclear. Both Gov. Pritzker and U.S. Sen. Dick Durbin, D-Ill., have said the U.S. Supreme Court should issue a ruling to clarify the growing number of challenges filed against Trump nationwide.

Local election authorities would be responsible for notifying voters of a candidate's removal. Any effort to inform voters that a candidate has a court case, SBE public information officer Matt Dietrich said, would be considered unlawful since it could persuade voter action.

Sangamon County Clerk Don Gray said the county would not print out new ballots in such a case, but rather disclose the information to voters at their polling place or in their vote-by-mail packet.

Contact Patrick M. Keck: 312-549-9340, pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Trump ballot challenge in Illinois now heading to court