Home » Illinois judge removes Trump from state ballot, citing ‘insurrectionist ban’

Illinois judge removes Trump from state ballot, citing ‘insurrectionist ban’

by Marko Florentino
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An Illinois judge announced late Wednesday that former President Donald Trump has been removed from the state’s 2024 Republican presidential primary ballot over his alleged role in the Jan. 6, 2021, Capitol riot.

Cook County Circuit Judge Tracie Porter barred Trump from the Illinois ballot one month after the anti-Trump challenge was dismissed by the Illinois State Board of Elections. 

According to court documents obtained by Fox News, Porter gave the order on Wednesday, urging the board to remove Trump or «cause any votes cast for him to be suppressed,» for violating section three of the 14th Amendment, or the «disqualification clause,» for engaging in insurrection.

Porter’s ruling reverses last month’s decision by the Illinois Board of Elections to keep Trump’s name on the primary ballot after a group of Illinois voters accused the former president of engaging in insurrection. 

REPUBLICAN EX-JUDGE ARGUED TRUMP ENGAGED IN INSURRECTION, SHOULD BE REMOVED FROM ILLINOIS PRIMARY BALLOT

Former President Donald Trump in New Hampshire

Republican presidential candidate and former President Donald Trump campaigns in Atkinson, N.H., last month. (Brandon Bell/Getty Images)

However, the order is put on hold until Friday, in case of an appeal from Trump’s attorneys to the Illinois Appellate Court, First District or the Illinois Supreme Court. 

A campaign spokesperson for Trump issued a statement to Reuters saying it «is an unconstitutional ruling that we will quickly appeal.»

The U.S. Supreme Court is considering for the first time the meaning and reach of Section 3 of the Constitution’s 14th Amendment, which bars former officeholders who «engaged in insurrection» from holding public office again.

The 14th Amendment, Section 3 of the Constitution states, «No person shall… hold any office… under the United States… who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.»

TRUMP SAYS HE’S A ‘BELIEVER’ IN THE SUPREME COURT AFTER ORAL ARGUMENTS IN COLORADO BALLOT CASE

Former President Donald Trump

Former President Donald Trump gestures to the crowd at a campaign event in Pickens, S.C. (Sean Rayford / Getty Images / File)

Trump has never been charged with inciting an insurrection.

Nancy Pelosi took to X, formerly Twitter, to share her thoughts on the ruling.

«The Supreme Court is placing itself on trial with its decision to hear the former president’s total immunity claim. It remains to be seen whether the justices will uphold the fundamental American value that no one is above the law – not even a former president,» Pelosi wrote. 

HOUSE DEMOCRAT FROM MAINE RIPS STATE’S DECISION TO TAKE TRUMP OFF BALLOT

Trump victory speech

Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party last week in Columbia, S.C. (Win McNamee/Getty Images)

The court will make a decision no later than the end of June on whether Trump can be prosecuted for election interference, the Associated Press reports.

Illinois is now the third state where Trump was booted from the ballot, after Colorado and Maine. 

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But those decisions were paused pending the appeal of the Colorado case to the U.S. Supreme Court.

The primary election is set for March 19th. 

Fox News’ Garrett Tenney and Brooke Singman contributed to this report. 



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