Trump files 'emergency' motion to appeal Illinois ballot disqualification

Former President Donald Trump sits in the courtroom during his civil fraud trial at New York State Supreme Court on Nov. 6, 2023, in New York City. - Eduardo Munoz/Pool/Getty Images North America/TNS

Former President Donald Trump said he was appealing a ruling that would see him removed from the Illinois ballot.

In a ruling on Wednesday, Cook County Judge Tracie Porter disqualified Trump but put her decision on hold until Friday, allowing appeal.

On Thursday, Trump filed an emergency motion to clarify the length of the stay on the order. The filing also explained that the former president had appealed to a higher court.

"Earlier this evening, the Court issued its 'Memorandum of Judgment and Order,' which orders that the 'Illinois State Board of Election shall remove Donald J. Trump from the ballot for the General Primary Election on March 19, 2024,'" the filing began. "Approximately an hour ago, President Trump filed his Notice of Appeal. Contrary to Petitioners' suggestion in the event an appeal was filed, the Judgment does not specify that the stay will continue past March 1."

"Accordingly, President Trump files this emergency motion to clarify the length of the Court's stay given the Judgment has been appealed to the First District," the filing continued. "Candidate respectfully requests that the Court enter an Order as soon as possible, ideally by February 29, 2024 at 12:00 p.m., clarifying that given President's Trump Notice of Appeal, the stay in the Judgment is extended beyond March 1, 2024 until a final order is entered by the Appellate Court."

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Trump also suggested Porter could enter a new order staying the decision until the appeal was complete.

"Staying the judgment until the Illinois appellate courts finally decide this case would reduce the great risk of voter confusion and logistical difficulties for election officials," the motion offered.

"Consequently, if this Court denies this motion or has not ruled by 12:00 noon on February 29, 2024, the Candidate intends to move the Appellate Court for such a stay on an emergency basis," Trump's filing concluded. "President Trump therefore respectfully requests a ruling from this Court on this motion as early as possible on February 29."

Trump has also been disqualified from the ballot in Colorado and Maine based on the insurrection clause of the 14th Amendment of the U.S. Constitution. The U.S. Supreme Court has decided to hear the case.

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