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A retired judge has suggested that former President Donald Trump be removed from Illinois’ primary ballot, citing his involvement in the January 6, 2021, Capitol attack. However, the judge, Clark Erickson, a Republican and former Kankakee County judge, has left the final decision to the courts. This recommendation was presented to the Illinois State Board of Elections, which is set to review the matter on Tuesday.

The effort in Illinois mirrors similar actions in other states, with the U.S. Supreme Court due to consider a case from Colorado next month. This case revolves around the 14th Amendment, which bars individuals who have engaged in insurrection from holding public office. Erickson’s 21-page report concluded that there is a preponderance of evidence showing Trump’s involvement in insurrection.

However, Erickson noted the complexities of conducting a thorough constitutional analysis within the constraints of an election board hearing. Despite this, he advised that Trump’s name should be removed from the March 19 primary ballot in Illinois.

The Illinois State Board of Elections, comprising four Democrats and four Republicans, is now tasked with considering this recommendation. Free Speech for People, the group leading the Illinois ballot effort, has lauded the judge’s recommendation but insists that Illinois law permits the board to make this decision. Trump’s campaign has not responded to the recommendation.

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