The U.S. Supreme Court concluded that states do not have the authority to block presidential candidates from appearing on the ballot just weeks after the Madison County Board urged the Illinois State Board of Elections to ensure “fair and impartial ballot access” in response to objections to former President Donald Trump’s inclusion on the 2024 ballot.
In a unanimous decision on March 4, the U.S. Supreme Court overturned the Colorado Supreme Court’s conclusion that the Fourteenth Amendment’s Insurrection Disqualification Clause (Section 3) gave them the authority to disqualify Trump for his role as an alleged “insurrectionist.”
Section 3 of the Fourteenth Amendment forbids individuals who “engaged in insurrection or rebellion” against the government from holding elected office.
Objectors to Trump’s inclusion on the presidential ballot hold him accountable for the protest at the U.S. Capitol on Jan. 6, 2020.
However, the Supreme Court concluded that states may only disqualify candidates seeking state office.
“... States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the presidency,” the opinion states.
“Under the Amendment, States cannot abridge privileges or immunities, deprive persons of life, liberty, or property without due process, deny equal protection, or deny male inhabitants the right to vote,” it continues.
A group of objectors sought the same disqualification against Trump in Illinois. The Madison County Board responded on Jan. 17 by passing an advisory resolution urging the Illinois State Board of Elections to apply criteria for ballot access objectively and consistently to all candidates “regardless of their political affiliation, background, or past accusations that have not resulted in a criminal conviction.”
The Board held that “the right to vote is a fundamental American right, and ensuring fair and impartial access to the ballot for all qualified candidates is crucial for maintaining public trust in the electoral process.”
“[D]enying ballot access based on unproven allegations undermines the presumption of innocence and jeopardizes the fundamental right to participate in the democratic process,” the resolution stated.
“Now, therefore, be it resolved, the Illinois State Board of Elections should uphold its commitment to fair and open elections by ensuring that all qualified candidates who meet the established legal requirements for ballot access are permitted to appear on the ballot, including those who have been accused but not convicted of a crime,” it continued.
The resolution urged state officials and election authorities prioritize election integrity and ensure accurate ballot counts while “facilitating open and impartial access to the ballot box for all eligible candidates.”
After the Illinois State Board of Elections determined it lacked authority to address the issue of Trump’s inclusion on the ballot, Cook County Judge Tracie Porter disqualified Trump on Feb. 28.
"This Court concludes that the goal of determining the meaning and application of Section 3 excludes from office as punishment to leaders who swore an oath to protect, defend and uphold the constitution, that such provision is self-executing, and that Section 3 is a qualification requirement used to consider to disqualify a candidate for the office of President of the United States," Porter wrote.
Porter then placed her ruling on hold pending Trump’s appeal or the Supreme Court’s decision in the Colorado case.