Illinois State Board of Elections hears arguments on objection aimed to remove Trump from the ballot


SPRINGFIELD, Ill. (WCIA) – The Illinois State Board of Elections heard arguments Friday for and against removing former President Donald Trump’s name from the ballot.

“Mr. Trump achieved his goal of disrupting and at least significantly delaying the constitutionally mandated electoral vote count that would and ultimately did certify Joe Biden as the winner of the election,” Matthew Piers, a lawyer representing the objectors, said during the hearing. “In so doing, Mr. Trump engaged in an insurrection that obstructed the functioning of Congress, as mandated by our Constitution.”

The objectors claim Section 3 of the 14th Amendment disqualifies Trump from the ballot.

That amendment bars anyone who has taken an oath to uphold the Constitution and who has engaged in insurrection from holding office again.

“Usually, the objections we get are limited to the aspects of the Illinois Election Code, not the U.S. Constitution, not national policy, not other things that are outside of Illinois statute,” Matt Dietrich, the Public Information Officer with the Illinois State Board of Elections, said.

A lawyer for the objectors cites Trump’s involvement in the Jan. 6, 2021 attack on the U.S. Capitol and showed clips from that day during the hearing. That day, lawmakers met to certify the results of the 2020 presidential election, a date mandated by federal law.

“He summoned the crowd to Washington for what he promised would be a wild event, and it was,” Piers said. “He contributed money and helped plan the critical mustering event at the Ellipse, the park outside the White House, from where the crowd marched, attacked, and seized the United States Capitol. He incited the crowd into a frenzy against the Vice President of the United States, members of Congress, and in support of Mr. Trump’s own stated goal of stopping the process of counting the electoral votes.”

Scott Gessler, a lawyer representing Trump, said the former president did not engage in insurrection arguing that there isn’t a clear definition of the term.

“The objectors are basically, to be frank, they’re making up a standard, that they are trying to discern somewhere within the case law, which has never been explicated in that matter, to fit the facts that they have or that they are trying to assert here,” Gessler said.

Gessler also argues that Trump’s speech to the crowd of his supporters on Jan 6. did not amount to an incitement of violence.

“The most they can rely upon is a will be wild tweet, ‘Come, come to the rally. It will be wild,’ and that was the Ellipse rally where there was no violence,” Gessler said. “Even the objectors recognize there’s no violence at all, at the Ellipse rally, when and where President Trump spoke.”

On Tuesday, the state board of elections’ eight member board will make a decision whether to sustain or overrule the objection.

Still, several states like Colorado and Maine have seen similar challenges to keep Trump off the ballot. But the U.S. Supreme Court is now getting involved hearing a case from Colorado next month.

The court’s decision could impact the challenges state’s are seeing, like the objection in Illinois.

“It is possible that that could supersede any decision by our board and of course, any decision by a state court in Illinois, but at this point, we just don’t know. ” Dietrich said. “So from our perspective, what’s going to happen is, in the case of the Trump objection, our board will rule based on the merits of the case.”

The state board of elections also heard objections to President Joe Biden’s name on the ballot.

Three objections to his nominating petition have been filed. Two of them make constitutional arguments as to why Biden should be kept off the ballot. The other involves whether the president’s statement of candidacy was properly notarized.

For the latest news, weather, sports, and streaming video, head to WCIA.com.

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