The Illinois election board kept the former president Donald Trump on its primary ballot on Tuesday, a week ahead of the U.S. Supreme Court hearing arguments about whether his role in the attack on the U.S. Capitol on Jan. 6, 2020, disqualifies him for the presidency.

The board unanimously ruled that Trump was ineligible for the presidency because he violated constitutional prohibitions against those who engage in “insurrection”. The hearing officer, however, recommended that the board leave the final decision to the courts.

The eight-member board composed of four Democrats, four Republicans and a third independent, accepted a lawyer’s recommendation to allow Trump, the Republican front-runner, to remain on the ballot, claiming it did not have the power to decide whether he had violated the U.S. Constitution.

Catherine McCrory, a board member, prefaced her voting with the following statement: “I would like it to be known that this Republican believes there was an uprising on January 6.” I have no doubt that he instigated an insurrection, and manipulated it on January 6.

McCrory agreed that the board does not have jurisdiction to enforce this conclusion.

Trump’s lawyer urged the board to not get involved. He claimed that the former president had never been involved in an insurrection, but this was something the board could not determine.

Adam Merrill, an attorney at Merrill Law Firm, said: “We recommend and urge that the board not get involved in this.”

Trump praised the decision on his social network Truth Social. “The vote was 8-0 for keeping your favorite president (ME!) on the ballot,” he wrote. “The VOTE was 8-0 in favor of keeping your favorite President (ME!

The attorney representing the voters who were against Trump being on the ballot announced that they would be appealing to the Cook County Circuit Court.

After the hearing, attorney Matthew Piers said: “What has happened is that a hot-button issue was avoided.” “I understand the desire to do this, but the law does not allow you to duck.”

Trump will most likely appeal a Colorado decision declaring him ineligible to be president in Colorado. The U.S. Supreme Court is scheduled to hear arguments next week.

The highest court of the United States has never heard a case that involved Section 3 in the 14th Amendment. This section was passed by Congress in 1868, to prohibit former Confederates returning to their offices after the Civil War. It has been rarely used since. Legal scholars claim that the clause is applicable to Trump because of his role in trying overturn the 2020 election and encouraging supporters to storm the U.S. Capitol following his loss to Democrat Joe Biden.