Two objections have been filed with the Illinois State Board of Elections, aiming to exclude President Joe Biden from the state's Democratic presidential primary ballot. The petitions, both filed on Jan. 12, argue that the president is legally ineligible to appear on the state's ballot under state and federal law.
One objection raised by Illinois voters is that President Biden might have potentially violated Illinois election law by having his statement of candidacy notarized by David E. Kalbaugh, the White House executive clerk. It is worth noting that David E. Kalbaugh, a Notary Public commissioned in the District of Columbia, was the individual responsible for notarizing Biden's Statement of Candidacy, as stated by Beth Findley Smith and Timothy Conrad, both Illinois voters. This particular aspect of the situation has prompted further scrutiny and discussion regarding the adherence to election procedures and potential legal implications of such actions.
Under Illinois law, a candidate's statement of candidacy must be subscribed and sworn to by the candidate before an authorized officer who can acknowledge deeds in the state. Ms. Findley Smith, a board member for LaSalle County's District 4, alongside Mr. Conrad, declared that the notarization of the president's statement was considered "invalid."
Mr. Conrad, accompanied by three other voters - Shane Bouvet, Peggy Hubbard, and Terry Newsome - boldly lodged a second objection. This objection compellingly asserts that President Biden is ineligible, citing the influential Section 3 of the 14th Amendment of the U.S. Constitution. Widely regarded as the Constitution's "insurrection" clause, this formidable provision has been invoked in recent endeavors to exclude former President Donald Trump from numerous Republican primary ballots across different states.
The provision prohibits individuals who have previously sworn to uphold the Constitution in various capacities from holding any state or federal position, whether civilian or military, if they have taken certain actions against the United States.
Opponents of President Trump have been highlighting the law's provision that disqualifies individuals who have participated in acts of insurrection or rebellion against the United States. However, according to petitioners, President Biden falls into a category that disqualifies individuals who have "given aid or comfort" to the nation's enemies, as stated by the law.
They claimed that since January 20, 2021, Joseph Biden has purposefully chosen not to enforce certain laws of the United States, specifically regarding the security of our country's border.
Pointing to policy decisions such as pausing construction on the border wall, expanding parole programs, and adopting a "catch-and-release" enforcement strategy, the petitioners claimed that the Biden administration had supported the United States' adversaries while weakening border security. In the past, the 14th amendment has never been used to stop a candidate from becoming president.
The legal team of President Trump has contended that the law does not pertain to him, citing the distinction between the presidential oath of office to "preserve, protect, and defend" the Constitution and the oath taken by other federal officials to "support" the Constitution, as stated in the clause.
President Biden's opponents presented a similar viewpoint, asserting that the law solely pertains to the current president, who has previously taken oaths to uphold the Constitution as a senator and vice president. Both petitions requested hearings to present their arguments for why President Biden should be excluded from the primary ballot. The deadline to file objections to presidential candidates' nomination papers in Illinois was on January 12th. The State Elections Board will meet on Jan. 17 to address the objections.
One objection raised by Illinois voters is that President Biden might have potentially violated Illinois election law by having his statement of candidacy notarized by David E. Kalbaugh, the White House executive clerk. It is worth noting that David E. Kalbaugh, a Notary Public commissioned in the District of Columbia, was the individual responsible for notarizing Biden's Statement of Candidacy, as stated by Beth Findley Smith and Timothy Conrad, both Illinois voters. This particular aspect of the situation has prompted further scrutiny and discussion regarding the adherence to election procedures and potential legal implications of such actions.
Under Illinois law, a candidate's statement of candidacy must be subscribed and sworn to by the candidate before an authorized officer who can acknowledge deeds in the state. Ms. Findley Smith, a board member for LaSalle County's District 4, alongside Mr. Conrad, declared that the notarization of the president's statement was considered "invalid."
Mr. Conrad, accompanied by three other voters - Shane Bouvet, Peggy Hubbard, and Terry Newsome - boldly lodged a second objection. This objection compellingly asserts that President Biden is ineligible, citing the influential Section 3 of the 14th Amendment of the U.S. Constitution. Widely regarded as the Constitution's "insurrection" clause, this formidable provision has been invoked in recent endeavors to exclude former President Donald Trump from numerous Republican primary ballots across different states.
The provision prohibits individuals who have previously sworn to uphold the Constitution in various capacities from holding any state or federal position, whether civilian or military, if they have taken certain actions against the United States.
Opponents of President Trump have been highlighting the law's provision that disqualifies individuals who have participated in acts of insurrection or rebellion against the United States. However, according to petitioners, President Biden falls into a category that disqualifies individuals who have "given aid or comfort" to the nation's enemies, as stated by the law.
They claimed that since January 20, 2021, Joseph Biden has purposefully chosen not to enforce certain laws of the United States, specifically regarding the security of our country's border.
Pointing to policy decisions such as pausing construction on the border wall, expanding parole programs, and adopting a "catch-and-release" enforcement strategy, the petitioners claimed that the Biden administration had supported the United States' adversaries while weakening border security. In the past, the 14th amendment has never been used to stop a candidate from becoming president.
The legal team of President Trump has contended that the law does not pertain to him, citing the distinction between the presidential oath of office to "preserve, protect, and defend" the Constitution and the oath taken by other federal officials to "support" the Constitution, as stated in the clause.
President Biden's opponents presented a similar viewpoint, asserting that the law solely pertains to the current president, who has previously taken oaths to uphold the Constitution as a senator and vice president. Both petitions requested hearings to present their arguments for why President Biden should be excluded from the primary ballot. The deadline to file objections to presidential candidates' nomination papers in Illinois was on January 12th. The State Elections Board will meet on Jan. 17 to address the objections.
