Deb Mell survives, for now

The Chicago Board of Elections has ruled that Deb Mell can remain on the ballot. (See CBS 2 article). I previously posted on the challenge to Mell's petitions. The petitions she circulated had her residence at an address that was different from the one she is registered to vote under. Turns out Mell moved during 2008 but forgot to update her voter registration with her new address. Her petitions were circulated under her new address. (How in the world does an elected State Rep., with so much insider status as Mell, forget to register to vote!)

Well established law in Illinois states that a petition signor needs to be registered at the address they print on the petition. Also, a candidate must file a statement of candidacy in which the candidate swears they reside at a particular address, and are "qualified" voters at that address. I stated my opinion that Mell may be in trouble with this one. However, the hearing officer interpreted that statute differently then how I read it. She stated that being qualified to be a voter is different then being actually registered to vote, and therefore, there was no requirement in the statute that a candidate for the General Assembly be a registered voter at all. She also state "I find this additionally troubling because I cannot believe that the legislature intended for this particular office … that Candidates have a lesser connection to the voting process than petition signers." Interpreting the law as she did, the hearing officer rejected the petition challenge.

Laiacona is appealing the hearing officer's decision to the circuit court. Here is the sum of his argument (from the challenge memorandum of law which I obtained on Eric Zorn's blog):

Illinois Election Code §8-8 which sets the requirements for nominating papers for General Assembly candidates does not directly require that that the candidate be a registered voter but it indirectly does when it requires that the candidate, under oath, “shall state that the candidate is a qualified primary voter of the party to which the petition relates.” ...Because (Mell) was not a registered voter at the address from which she is seeking office although she claimed to be on her statement of candidacy and because (she) was not a registered voter capable of voting at any address in the district she seeks to represent at the time she signed and filed her statement of candidacy, the objection should be granted and, for now, (Mell) denied ballot access. Now that she is a registered voter at the address at which she resides in the District, she can seek election as a write-in, under the banner of a new party, or by appointment to a vacancy in nomination of which there will likely be two.

I am a constant objector to the harsh ballot access requirements in Illinois, and the proclivity of throwing people's names off the ballot for technical purposes. However, I am an even stronger objector of only giving deference to politically connected insiders. If technicalities is what wins the day, then I am inclined to be sympathetic to the challenge in this case.

Rauschenberger not republican enough to run on GOP ticket?

Steven Rauschenberger, a leading conservative voice in the Illinois GOP, may be kicked off the ballot for not being "republican" enough (from the Daily Herald):

In the latest bizarre chapter of Illinois' thick history of kicking candidates off the ballot, Rauschenberger could lose his spot in the GOP primary because he pulled a Democratic ballot for February's local elections...

That is because Rauschenberger pulled a Democratic ballot in April's primary to support his sister's bid for a trustee post in Elgin Township.

The theory goes that because Rauschenberger most recently voted Democratic, he can't legitimately run as a Republican in the primary.

Ironically, the wrinkle in Illinois law came about partly because a suburban Republican incumbent challenged a Democratic opponent's party credentials in a 2008 general election race.

A little background could be useful to help you make sense of the article. Rauschenberger was a State Senator for 14 years representing the Elgin area. He opted to run for Lt. Governor in 2006 when his senate seat was also up for re-election, effectively retiring his senate seat. Rauschenberger lost the primary election for Lt. Governor and decided to run again for his old senate seat, currently held by a Democrat.

I am doing some research on this issue as it is fascinating, and I will update you soon.

Conflicts of interest highlight problems with election regulation

DuPage recently held hearings on most of the petition challenges filed in the county. From the Daily Herald:

Only one of the six DuPage County candidates who had their nominating paperwork challenged was kicked off the ballot after hearings before the county's electoral board Friday.

This is what I found to be most interesting:

Election commission attorney Pat Bond and commission Chairman Rick Carney were absent from most of the morning's hearings because of possible conflicts of interest. Bond has done work for Zaruba in the past, and either contributed to the campaigns of the other candidates or their opponents. Carney, the county's former recorder, also has been a supporter of the candidates or their opponents.

Attorney Burt Odelson stepped in for Bond during four of the hearings, and Wood Dale Mayor Ken Johnson was appointed by Chief DuPage Judge Stephen Culliton to replace Carney on the electoral board for all six objections.

DuPage County has an independent election commission. (I think this is the only county-wide election commission in Illinois). This article highlights some of the problems with an independent election commission. Many of the people involved with the commission are also highly involved in local politics - creating conflicts when resolving disputes between various candidates. This shouldn't be a surprise. What is kind of surprising is that during the busiest time for any election commission, on what is probably their most important duty next to voter registration, many members of the board are too conflicted to carry that duty out. Maybe the system worked perfectly as those that were conflicted excused themselves from a hearing on the merits. But I can't help but wonder what is the point of paying for an election commission full of people who can't perform their duty? Is there a better way to handle petition challenges in DuPage?

Challenge: Candidate's address on petition

State Rep. Deb Mell's (former Gov. Blago's sister-in-law) petitions are being challenged. She is registered to vote at a different address than the one stated on the petitions she circulated (and, presumably, on her statement of candidacy). The law here is not clearly defined, though I think she has a big problem. From the Sun-Times:

A challenge was filed Monday with the State Board of Elections against Rep. Deborah Mell (D-Chicago) by a rival in the Feb. 2 primary, Joe Laiacona.

The basis for his objection is that Mell is not registered to vote at the address she listed as her primary residence, as Illinois election law requires, said election lawyer Richard Means, who represents Laiacona.

“This is a very common amateur mistake. But one would think as a sitting state legislator, she isn’t an amateur,” Means said.

Petition Challenge Season is Open

From the Tribune:

The madness begins again in earnest this week as hearing officers start considering challenges to petitions filed by political candidates in the February primary.

Cook County will be weighing 105 challenges, Chicago 28 and Illinois a record 32 as candidates and their supporters hope to win a game of "gotcha" and knock prospective opponents off the ballot.