SPRINGFIELD, Ill. (WAND) — A Cook County judge has decided that former president Donald Trump should be kicked off the Illinois primary ballot. Judge Tracie Porter's Wednesday night ruling comes a month after the Illinois State Board of Elections unanimously allowed Trump and President Joe Biden to appear on the ballot.
"The petitioners-objectors' objections petition should have been granted, as they have met their burden by preponderance of the evidence that respondent-candidate's name should be removed from the ballot for the March 2024 general primary election," Porter wrote.
She also noted that ISBE's January decision was "clearly erroneous" in finding Trump's nomination papers and statement of candidacy were valid. While Porter explained Trump should be kicked off the ballot, she stayed her order until Friday in anticipation of an appeal to the Illinois Appeal Court in Chicago or the Illinois Supreme Court.Â
The bipartisan eight member board heard arguments from both sides and received recommendations on how to address the ballot issue. Board member Jack Vrett expressed that he did not feel ISBE had the authority to remove Trump from the ballot.
"When we all took an oath to serve in this role, we would be violating that oath if we ceded our authority and weighed into the constitutional question against the recommendation of the hearing officer and the recommendation of the general counsel," Vrett said.
While the board unanimously voted to keep Trump on the ballot in Illinois, multiple advocates and the organization Free Speech For People quickly asked for an appeal in Cook County.Â
Advocates argue that the State Board of Elections should have blocked Trump from the ballot for leading the January 6 insurrection of the U.S. Capitol.
"He encouraged and engaged in numerous efforts to prevent the peaceful transfer of power and the certification of the outcome of the 2020 presidential election which he lost to now president Joe Biden," said attorney Matthew Piers.
FILE - Republican presidential candidate former President Donald Trump speaks at a primary election night party in Nashua, N.H., Tuesday, Jan. 23, 2024. (AP Photo/Pablo Martinez Monsivais)
Lawyers for the Trump campaign argue the former president never incited violence during his speech that day. They also stress that ballots have already been printed in Illinois, and many people will vote early instead of waiting for March 19.
"There's one court in the entire United States, that's Colorado, that has sought to adjudicate and exercise jurisdiction over these issues," said attorney Scott Gessler. "Every other court in the country has rejected it."
The highly-anticipated U.S. Supreme Court ruling regarding Trump's ballot status in Colorado could set precedent for the entire country. Porter's order would also be stayed if the highest court enters a decision inconsistent with her ruling.
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