The Illinois State Board of Elections is poised to make a critical decision on whether former President Donald Trump, accused of involvement in the January 6, 2021, Capitol insurrection, should stay on the state’s ballot. The recommendation comes from retired judge Clark Erickson, a Republican, following an evidentiary hearing.

Erickson suggests the board lacks authority to vet candidates based on federal constitutional considerations, urging dismissal. However, he proposes that if the board believes it has the power to review Trump’s eligibility under the 14th Amendment’s “insurrectionist ban,” they should consider removing him from the ballot.

Erickson’s written recommendation underscores Trump’s alleged role in orchestrating an “elaborate plan” to disrupt the peaceful transfer of power. The judge criticizes Trump for failing to prevent likely violence on January 6 and emphasizes his contribution to creating an atmosphere conducive to the attack.

Erickson condemns Trump’s attempt to provide fraudulent elector lists to Vice President Pence and scrutinizes the former president’s tweets during the attack, interpreting them as an effort to maintain plausible deniability.

Initiated by Illinois voters, the challenge seeks Trump’s removal from the 2024 presidential ballot, mirroring decisions in Colorado and Maine. The bipartisan election board will vote on Erickson’s recommendation, with the potential for an appeal in state courts. Comparable lawsuits in Michigan and Minnesota faced dismissal on procedural grounds.

In summary, the controversy over Trump’s eligibility amid insurrection claims is at a critical juncture in Illinois, where the election board must weigh constitutional considerations and decide whether the former president remains eligible for the state’s presidential ballot.