In a recent ruling, the Illinois State Board of Elections has decided to keep former President Donald Trump's name on the ballot for the March primary, stating that it does not possess the authority to determine whether he violated the insurrection clause of the 14th Amendment. The board unanimously upheld the findings of a retired Republican judge, Clark Erickson, who concluded that while Trump engaged in insurrection on January 6, 2021, it is the courts, not the election board, that should decide his eligibility to run for president.

Judge Erickson's report found that Trump had used false claims of a stolen 2020 election to incite his supporters and intensify the political divide in the United States. However, he also highlighted that the constitutional question of whether Trump violated the 14th Amendment should be settled by the courts, not the election board.

The ruling comes following a hearing in which a Republican board member acknowledged Trump's involvement in the insurrection but stated that it was not within their purview to make a ruling on that matter. Trump's campaign attorney argued that the former president did not engage in insurrection, further supporting his position to remain on the ballot.

Although the decision by the Illinois State Board of Elections allows Trump's name to remain on the ballot for the March primary, those who objected to his candidacy have announced plans to appeal the ruling in court. Chicago attorney Matthew Piers, representing the objectors, expressed disappointment at the board's decision and asserted that the law grants the board authority to remove Trump from the ballot based on the 14th Amendment violation.

The appeal process is expected to proceed through Cook County Circuit Court, with the possibility of later reaching the Illinois Appellate Court and eventually the U.S. Supreme Court. Legal experts, such as Northwestern University Law Professor Martin Redish, anticipate that the U.S. Supreme Court will have the final say on the matter. While Redish acknowledges valid arguments for states to be allowed to remove Trump's name from the ballot, he believes it is unlikely that the court will side with such a decision.

Notably, the ruling in Illinois is not unique as the Colorado Supreme Court has already prohibited Trump from running for president in that state, and Maine's Democratic secretary of state has also rejected his appearance on the ballot. Similar attempts to remove Trump's name from primary ballots are underway in 17 other states, all arguing his ineligibility under the 14th Amendment. However, the U.S. Supreme Court's decision on Trump's appeal in the Colorado ruling could potentially impact these efforts.

The U.S. Supreme Court is slated to hear arguments in early February and will determine whether Trump can still run for president following the January 6, 2021, attack on the U.S. Capitol. A ruling in Trump's favor would halt all removal efforts in the 18 states, while a ruling against him would leave the decision to remove him back in the hands of the individual states. The timeline for the Supreme Court's decision remains uncertain until the justices make their determination.

As the legal battle surrounding Trump's eligibility to run for president continues, the Illinois State Board of Elections' ruling solidifies his presence on the primary ballot, pending any successful court challenges. Trump expressed gratitude for the decision on Truth Social, a social media platform he has joined, thanking the board for protecting the citizens and pledging to "Make America Great Again."