SPRINGFIELD, Ill. (WAND) - Multiple states have questioned whether former President Donald Trump can be included on the presidential ballot this year. 

Maine has ruled that Trump will remain on the ballot, while Colorado removed the former President. Illinois' Board of Elections kept both the former president, and President Biden on their primary ballot. These arguments to remove Trump from the ballot are based on the 14th amendment which says: 

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

This week the Supreme Court will hear arguments over whether the 14th amendment disqualifies Trump from holding office, based on his involvement in the January 6th insurrection. 

"There's basically three outcomes," said Professor Emeritus Kent Redfield from the University of Illinois Springfield's Political Science Department. "He's on the ballot, he's off the ballot, or we're going to have total chaos during the primary, and probably during the general election in terms of what each state is doing."

Redfield says this case is unprecedented and the Supreme Court will likely try to avoid an official ruling. He says without additional legislation, there isn't a clear way to determine what to do for future legislation. 

"I'd be shocked if the if the court didn't essentially duck this on procedural grounds," said Redfield. "The only way to get a uniform structure and process is for the US Congress to provide standards guidance for those sorts of things."

Regardless if the SCOTUS decision, Redfield says there will likely be an update to the Civil War-era law. 

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