In deeply blue Illinois, legal and political questions are being asked over use of the 14th Amendment to keep Donald Trump off the ballot.
Attorney General Kwame Raoul speaks at a City Club of Chicago meeting in River North on Sept. 13, 2023. Raoul acknowledged he has been asked to look into a 14th Amendment challenge to Trump.
At issue is Section 3 of the 14th Amendment. It says that those who have taken an oath to uphold the Constitution “as member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state,” shall not be able to serve in Congress or “hold any office, civil or military” if they have engaged in “insurrection or rebellion” against the Constitution.
Liberal groups have taken the lead in 14th Amendment lawsuits filed in Colorado and Minnesota state courts, two states that supported Joe Biden over Trump in 2020. A judge has set the Colorado case for hearing on Oct. 30 while the Minnesota case was filed on Sept. 12. In December, the bipartisan House committee that investigated the events of Jan. 6 recommended that Trump be barred from holding future office under the 14th Amendment, and that he face criminal prosecution for acts including assisting, aiding or comforting an insurrectionTrump was impeached on a charge of “incitement of insurrection” in the aftermath of Jan. 6, but he was acquitted by the Senate.
But he said the insurrection question would have to be answered first, and that his office will not be the one to address that issue. In the past, the eight-member board — made up of four Democrats and four Republicans — has, after a hearing process, removed prospective candidates from the ballot for issues including failing to meet residency requirements or filing insufficient petition signatures after objections are filed. The board’s rulings can be appealed in court.
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