Informing, Inspiring, Impacting

Illinois Judge Bars Trump from Primary Ballot Over Capitol Riot Role

Image of Former US President Donald Trump (Source: Getty Images)

In Summary:

  • Illinois state judge Tracie Porter ruled to disqualify Donald Trump from the Illinois Republican presidential primary ballot due to his involvement in the U.S. Capitol insurrection on January 6, 2021.
  • The decision, based on the anti-insurrection clause of the 14th Amendment, awaits appeal, delaying its immediate effect.


An Illinois state judge, Tracie Porter, delivered a significant blow to former President Donald Trump’s political aspirations by barring him from the Illinois Republican presidential primary ballot.

The ruling, which cited Trump’s role in the January 6, 2021, Capitol insurrection, was made in response to arguments put forth by Illinois voters. These voters contended that Trump’s actions violated the anti-insurrection clause of the 14th Amendment of the U.S. Constitution.

At a hearing in late January, Porter pressed Trump’s lawyers on the difference between a “riot” and an “insurrection,” and whether Trump must first be convicted of a crime before he is barred from office.

“Is it important to understand why this mob of people came together and what they were actually trying to do?” Porter asked Trump’s lawyers, referring to the January 6, 2021, insurrection.

Trump attorney Nicholas Nelson described the events of January 6 as a “political riot,” comparing it to an angry mob, rather than a group with a specific series of legal aims.

“It was about one government act, and there’s no indication that the rioters had any plan,” Nelson said. “They were just angry.”

While Judge Porter’s decision represents a notable setback for Trump’s campaign efforts, its implementation has been temporarily halted pending an expected appeal.

Acknowledging the likelihood of appeals to both Illinois’ appellate courts and potentially the U.S. Supreme Court, Judge Porter opted to stay her ruling.

The advocacy group Free Speech For People, which led the charge for Trump’s disqualification in Illinois, hailed the decision as a “historic victory.”

Conversely, a spokesperson for Trump’s campaign swiftly condemned the ruling, labeling it unconstitutional and expressing intentions to appeal.

This ruling in Illinois adds to the challenges Trump faces in his bid for the 2024 Republican nomination.

Previously, Colorado and Maine had also removed Trump from their state ballots under Section 3 of the 14th Amendment, citing disqualification due to his involvement in the Capitol riot. However, these decisions are currently pending appeal processes initiated by Trump.

The Capitol riot, which saw Trump supporters storming the Capitol building in an attempt to overturn the results of the 2020 presidential election, remains a focal point in legal battles surrounding Trump’s eligibility for public office.

Supporters of Donald Trump gather outside the US Capitol in Washington on January 6, 2021. IMAGE | Courtesy

As the U.S. Supreme Court weighs Trump’s challenge to his disqualification in Colorado, concerns have been raised about the broader implications of state actions on national elections.