President Trump appealed Cook County Circuit Court Judge Tracie Porter’s ruling to remove him from the Illinois ballot.
Porter, a Democrat, barred Trump from the 2024 primary ballot under the 14th Amendment after she concluded he engaged in an insurrection.
The legal theories are based on Section 3 of the US Constitution’s 14th Amendment which states public officials who have “engaged in insurrection or rebellion against” the US may be disqualified from public office.
Trump has not been charged with engaging in insurrection or rebellion against the United States.
This case ended up in the Cook County court after the Illinois State Board of Elections last month unanimously voted they lacked the authority to bar Trump from the ballot.
Judge Porter stayed her order until Friday to allow Trump to file an appeal.
Trump’s lawyers also asked Judge Porter to extend the stay to her order until the appeals court makes a decision.
“Staying the judgment until the Illinois appellate courts finally decide this case would reduce the great risk of voter confusion and logistical difficulties for election officials,” Trump’s lawyers wrote in the filing, according to CNN.
President Trump is currently battling similar challenges in other states. Legal challenges have notably escalated in Maine and Colorado.
Last month President Trump asked the US Supreme Court to overturn the Colorado Supreme Court’s decision to bar him from the 2024 ballot.
The Colorado Supreme Court last month disqualified Trump from the 2024 ballot.
The US Constitution has three requirements to be president:
- Be a natural-born citizen of the United States.
- Be at least 35 years old.
- Have been a resident of the United States for 14 years.