The judge issued a new order to clarify the duration of a stay she ordered in her original decision.
Former President Donald Trump will remain on the Illinois primary ballot pending an appeal after a judge issued a new order on Thursday clarifying the duration of a stay on her earlier decision to disqualify him.
On Thursday, Cook County Circuit Court Judge Tracie Porter clarified the duration of a stay she placed on her removal order on Wednesday when she ruled President Trump “disqualified” and that any votes for him would be void if the order went into effect.
Judge Porter had initially stayed that original removal order until March 1, anticipating an appeal to the Illinois Appellate Court, First District, or the Illinois Supreme Court, and/or pending a ruling by the U.S. Supreme Court in a case from Colorado.
However, the language in the stay was deemed vague, prompting President Trump’s attorneys to seek clarification on Thursday, and request a ruling by 12 p.m., or they would file an emergency motion in the appeals court to stay the ruling.
In response to the notice of appeal filed by President Trump’s attorneys, Judge Porter modified her original stay on Thursday.
The removal order was modified to state that it is stayed until the appeal is “finally resolved by the Illinois Appellate Court, First District, the Illinois Supreme Court, and/or the U.S. Supreme Court.”
Furthermore, the new order directed that “the Illinois State Board of Elections shall continue to include Candidate Donald J. Trump on the ballot for the March 19, 2024, General Primary Election” until the appeal is resolved.
President Trump’s legal team had requested the emergency stay, arguing that the uncertainty surrounding the stay’s duration—originally until March 1—could lead to logistical difficulties for election officials and voter confusion. The March 19 primary in Illinois is fast approaching, with ballots already printed featuring President Trump’s name and mail-in ballots sent to voters.
Legal Issue
The saga began in January when five Illinois voters, backed by the activist group Free Speech for People, sought President Trump’s disqualification, arguing based on the Democrat-led January 6 Select Committee report that the events of Jan. 6, 2021, constituted an “insurrection” as described in Section 3 of the 14th Amendment.
