A former Illinois judge issued a non-binding opinion Sunday which argued that Donald Trump did engage in insurrection via his attempts to overturn the 2020 election—though the opinion added that the state board which appointed him did not have the power to remove Trump from the 2024 ballot. Only the courts held that power, former Republican judge Clark Erickson wrote. The decision, which The New York Times called a “symbolic setback for the former president,” will be presented to the bipartisan Illinois Board of Elections Tuesday, which will then vote on whether to remove the former President from the ballot.