Trump faces ballot challenge in Illinois minutes after filing his
petitions
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[January 05, 2024]
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – Illinois is now among the growing list of states in which
former President Donald Trump will have to fight to have his name appear
on the 2024 election ballots.
A group of five voters filed a joint objection to Trump’s candidacy
Thursday, arguing that Trump should be disqualified under the 14th
Amendment to the U.S. Constitution, which prohibits anyone who took part
in an insurrection against the United States from holding federal
office.
The objection alleges that Trump’s attempts to overturn the results of
the 2020 elections, including his involvement in events leading up to
the Jan. 6, 2021, storming of the U.S. Capitol in Washington, amounted
to an insurrection.
“Consequently, Donald J. Trump is disqualified from, and ineligible to
hold, the office of President of the United States,” the objection
states. “Accordingly, his nomination papers are invalid under Illinois
law because when Trump swore he was ‘qualified’ for the presidential
office, as required by (state statute), he did so falsely.”
Thursday was the first day for presidential candidates to file petitions
for the March 19 primary ballot. According to the Illinois State Board
of Elections’ website, the Trump campaign filed its petitions at 8 a.m.,
along with fellow Republican candidates Florida Gov. Ron DeSantis,
former South Carolina Gov. Nikki Haley, and Texas businessman Ryan L.
Binkley.
On the Democratic side, President Joe Biden’s campaign filed petitions,
along with Minnesota Congressman Dean Phillips and author Marianne
Williamson.
As of Thursday evening, Trump was the only candidate facing an
objection. The deadline for filing objections is Friday, Jan. 12.
Similar objections have been filed in multiple other states. So far,
however, they have only been upheld in Colorado and Maine. The Trump
campaign has filed appeals in both of those cases, including a direct
appeal to the U.S. Supreme Court in the Colorado case.
Matthew Piers, a Chicago-based attorney who filed the Illinois
objection, said in an interview that the cases highlight the differences
in election laws among the various states.
In some states, he said, primary elections are considered operations of
political parties, not the states themselves, and therefore are not
subject to rules set by the state. But in Illinois, he said, state law
specifically requires candidates to state on their nominating petitions
that they are qualified for the office they are seeking.
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capitolnewsillinois.com
Article II of the U.S. Constitution requires presidents to be “natural
born citizens” who are at least 35 years of age and who have been
residents of the United States for at least 14 years.
But the 14th amendment – enacted in the aftermath of the Civil War –
adds more conditions, barring any former public officials who previously
took an oath to support the Constitution from holding certain public
offices in the future if they ever engaged in insurrection or rebellion
against the United States or gave aid or comfort to its enemies.
The objection cites numerous other government agencies and officials who
have concluded that the events of Jan. 6, 2021, were an insurrection,
including decisions of the Colorado Supreme Court and the Maine
secretary of state to keep Trump’s name off the ballot in those states.
The objection also cites several recent court rulings, including some
involving people convicted of crimes stemming from the Jan. 6 attacks on
the Capitol.
Legal challenges to a candidate’s qualifications for office are not
uncommon in Illinois. Dozens of them are currently pending at the
Illinois State Board of Elections against candidates for the General
Assembly and various judicial positions, mostly based on claims that
petition signatures were invalid or insufficient.
In 2016, a challenge was filed against Democratic presidential candidate
Hillary Clinton based on her petition signatures. And in 2012,
Democratic President Barack Obama faced three nearly identical
challenges to his candidacy based on false allegations about his
citizenship.
State Board of Elections spokesman Matt Dietrich said in an email the
objection to Trump’s candidacy will be investigated by a hearing officer
who will make a recommendation to the board’s general counsel. The full,
eight-member bipartisan board will consider the challenge at a meeting
Tuesday, Jan. 30.
Capitol News Illinois is
a nonprofit, nonpartisan news service covering state government. It is
distributed to hundreds of newspapers, radio and TV stations statewide.
It is funded primarily by the Illinois Press Foundation and the Robert
R. McCormick Foundation, along with major contributions from the
Illinois Broadcasters Foundation and Southern Illinois Editorial
Association.
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