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Battle to keep Trump off Illinois primary ballot moves to state court

Republican presidential candidate and former U.S. President Donald Trump delivers remarks alongside supporters, campaign staff and family members during his primary night rally at the Sheraton on Jan. 23, 2024 in Nashua, New Hampshire. Trump was joined by Vivek Ramaswamy, U.S. Sen. Tim Scott, R-SC, and Eric Trump.
Alex Wong
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Republican presidential candidate and former U.S. President Donald Trump delivers remarks alongside supporters, campaign staff and family members during his primary night rally at the Sheraton on Jan. 23, 2024 in Nashua, New Hampshire. Trump was joined by Vivek Ramaswamy, U.S. Sen. Tim Scott, R-SC, and Eric Trump.

A bid to block former President Donald Trump from Illinois’ March 19 primary ballot has moved to state court, where challengers to the likely 2024 Republican nominee are hoping to move quickly in a case expected to make its way to the Illinois Supreme Court.

The State Board of Elections unanimously voted Tuesday to reject the challenge to Trump’s candidacy , setting the stage for the new court battle.

A group of objectors went on to file a petition for judicial review in Cook County Circuit Court later Tuesday, insisting that Trump should be barred from the ballot “for having engaged in insurrection having previously sworn an oath to uphold the U.S. Constitution.”

The state election board rejected the challenge on the grounds that the panel lacked statutory authority to determine whether Trump violated the 14th Amendment, which prohibits insurrectionists from seeking public office.

The new lawsuit says that decision should be reversed because it “has no basis in law or logic.” And even if the state board does lack authority, the lawsuit insists that “this court certainly does not.”

The objectors are asking the state court to move quickly, writing in a motion that “it is highly likely that the case will ultimately be resolved by the Illinois Supreme Court.”

They asked to appear before the court for arguments as soon as Monday. The case has been assigned to Cook County Judge Mary Trew, and court records show a hearing has been set for Friday.

Free Speech for People is representing the five Illinois voters who object to Trump’s candidacy in the matter.

Before Tuesday’s decision by the state elections board, Illinois was among 13 states with pending objections to Trump’s candidacy based on the 14th Amendment clause, according to the non-profit, non-partisan legal analysis group Lawfare.

Two other states, Colorado and Maine, opted to remove Trump from their ballots.

The Colorado Supreme Court ruling justifying that move is now under review by the U.S. Supreme Court, which will hear arguments on Feb. 8. A Maine court has returned that case to the state’s secretary of state with orders to make a new determination on Trump’s ballot eligibility once the U.S. Supreme Court rules on the Colorado case.

On his social media platform, Trump praised Tuesday’s unanimous ruling by the Illinois board.

“Thank you to the Illinois State Board of Elections for ruling 8-0 in protecting the Citizens of our Country from the Radical Left Lunatics who are trying to destroy it,” Trump wrote.

Contributing: Dave McKinney

Jon Seidel covers federal courts for the Chicago Sun-Times.