On Tuesday, the Illinois election board dismissed an objection challenging the eligibility of former President Donald Trump to be listed on the state’s primary ballot.

The Illinois State Board of Elections, composed of an equal number of Republicans and Democrats, has reached a unanimous decision not to exclude Trump from the ballot. This decision follows a recommendation that highlighted his involvement in inciting an insurrection. The board unanimously voted 8-0, stating that it does not possess the authority to determine if Trump is constitutionally ineligible for ballot inclusion, and they have deferred the decision to the judicial system.

Trump will be included as a candidate in the March 19 Republican primary election.

The U.S. Supreme Court is set to hear arguments in a similar case from Colorado early next month. In that case, the state’s supreme court ruled that the 14th Amendment barred the inclusion of the former Republican president on the ballot due to his role in the U.S. Capitol riot on January 6, 2021. It took place after he was defeated by Democrat Joe Biden in the 2020 election and involved some of his supporters forcibly entering the Capitol building.

After brief and focused discussions last week, a hearing officer for the Illinois board reached the conclusion that the decision regarding Trump’s eligibility should be entrusted to the judiciary, given the complex constitutional issues involved. Nevertheless, Clark Erickson, a retired judge and member of the Republican Party, determined that, based on the substantial evidence presented, Trump’s participation in the insurrection had been proven, and he should be ineligible to run for public office.

A group of five Illinois voters filed a petition asserting that Trump fails to meet the criteria for ballot inclusion, as outlined in Section 3 of the 14th Amendment. The provision, rooted in the Civil War era, disqualifies individuals who have sworn to uphold the Constitution and subsequently engaged in acts of insurrection or rebellion from holding public office.

Trump hasn’t been charged with “insurrection,” much less convicted of it.

Catherine S. McCrory, another Republican board member, shared her perspective that an “insurrection” took place.

“I am certain that [Trump] orchestrated, incited, and supported an insurrection on Jan. 6,” stated McCrory. “Nevertheless, I am not in a position to decide on that matter at this time.”