Illinois Elections Board Votes to Keep Trump on the Ballot

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The board is a bipartisan one made of an equal number of Republicans and Democrats, who voted unanimously to dismiss the challenge.

The Illinois State Board of Elections voted to include former President Donald Trump on the stateโ€™s primary ballot following a recommendation from the boardโ€™s general counsel to dismiss the case.

The board is a bipartisan one made of an equal number of Republicans and Democrats, who voted unanimously to dismiss the challenge.

Board member Jack Vrett said the axiom โ€œhard cases make bad lawโ€ applied to this case.

โ€œIf we exceeded our authority … and looked at the underlying of conduct … I think what we would see would be an opening of floodgates of litigation,โ€ he said. For example, every school board candidate could then challenge their rivals over alleged criminal conduct and require election boards to investigate.

โ€œThe relief that petitioners are seeking is one of ballot forfeitureโ€ and they had not met that threshold, he added.

Board member Catherine McCrory was the only other member to make a statement, wanting to add to the record that she was a Republican but that โ€œthereโ€™s no doubt in my mindโ€ that President Trump engaged in โ€œinsurrection.โ€ She said she did not think the board had the jurisdiction to rule on such an issue.

The decision can be appealed to state court, and general counsel Marni Malowitz provided several notes during the hearing meant to streamline the decision and prevent a lengthy process should the case be remanded to the board by the court, she said.

Ms. Malowitz had advised the board that even if it didnโ€™t have authority to analyze constitutional issues, it had statutory authority to put the eligible candidates on the ballot. She said she was not convinced President Trump had filed false papers. She added that several issues needed determination before the matter of whether of Section 3 constituted insurrection, and recommended the board not touch on that issue.

She recommended that President Trump be certified for the ballot.

Byย Catherine Yang

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