The Illinois Board of Elections unanimously decided to allow former President Donald Trump to remain on the ballot in the state, arguing it did not have the authority to determine his eligibility under the Constitution.
The petitioners had argued Trump was ineligible to run for president, alleging he committed an insurrection with the Capitol riot on Jan. 6, 2021, in violation of section three of the 14th Amendment. The board, made up of four Democrats and four Republicans, voted 8-0 to heed the recommendation of its general counsel and leave eligibility questions up to the courts.
“I think that we do not have jurisdiction to wade into the constitutional issue to decide the question of whether the candidate engaged in insurrection in violation of Section Three [of the 14th Amendment],” board member Jack Vrett said before the vote. “Therefore, I further move that we deny the motion for summary judgment, grant the motion to dismiss for lack of jurisdiction, and therefore overrule the objection.”
The decision by the board did not evaluate the merits of the argument on whether Trump was ineligible, with some members of the board saying they believed he committed an insurrection but would not rule to disqualify him due to lack of jurisdiction.