Former President Donald Trump should be removed from Illinois’ primary ballot, but the decision should be left to the courts, a retired judge recommended Sunday to the state’s election board, arguing that it was clear Trump engaged in insurrection in the Jan. 6, 2021, attack on the U.S. Capitol.

The Illinois State Board of Elections is expected to consider the recommendation Tuesday. Attorneys for Trump and citizens seeking to keep the Republican former president off the ballot presented their arguments Friday before the hearing officer, Clark Erickson. The retired longtime Kankakee County judge is a Republican.

The Illinois effort to keep Trump off the March ballot is similar to those filed in several other states. The U.S. Supreme Court is set to hear arguments next month in an historic Colorado Supreme Court ruling to remove Trump from that state’s ballot. The case presents the high court with its first look at a provision of the 14th Amendment barring some people who “engaged in insurrection” from holding public office.

Erickson’s 21-page recommendation concluded that a “preponderance of the evidence” presented proves that Trump engaged in insurrection.