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Article posted: 3/5/2013 4:37 PM

DiFulvio plans to run as write-in in South Elgin

By Elena Ferrarin

South Elgin Trustee Bill DiFulvio, who was kicked off the ballot last week after a challenge to his nominating petition, said he plans to run as a write-in candidate in the April 9 election.

A Kane County judge's ruling Feb. 25 removed DiFulvio's name from the ballot for failing to number the two pages of his nominating petitions. DiFulvio was seeking his fourth term in office.

DiFulvio said he will file at the Kane County Clerk's office on Wednesday to run as a write-in candidate.

"It will be a long shot," DiFulvio said.

"It will be hard to run as a write-in, especially with my last name, but at least I'm going to go down fighting."

Incumbents John Sweet and Scott Richmond, and challengers Robert Sauceda and Jennifer Barconi, are also running for three open seats.

Former South Elgin Trustee Gary Hyman and resident Warren Redmond filed an objection to DiFulvio's nominating petition in January. A South Elgin Electoral Board ruled in DiFulvio's favor, so Redmond and Hyman brought their argument to Kane County court.

DiFulvio said it would be too expensive to appeal the court ruling. He decided to run as a write-in after requests from friends and supporters, he said.

"I feel bad that I didn't put a number one and two (on the petition)," he said. "I feel I let down a lot of people who supported me."

This week, he'll begin campaigning and passing out cards so people know how to spell his name, he said.

"For the first time in my life I wish I had the last name Smith or Jones," he said.

Redmond said it's important for elected officials to follow the letter of the law.

"If they can't make the time to file a proper petition, how can I trust them to run the village?" he said.

Redmond said he also wants to know why DiFulvio was allowed to number his petitions right before the January electoral board hearing. "They can't sweep this under the carpet," he said.

In January, political consultant Jon Zahm, who was working with Redmond and Hyman, filed a complaint with the Kane County state's attorney and a police report in South Elgin claiming DiFulvio tampered with evidence.

DiFulvio said an attorney told him he could do that "for clarification purposes." He also said he asked Village Attorney Derke Price if he could do that, and Price told him he had no objections.

Price said a 1997 ruling by the Illinois Appellate Court states pages can be numbered after an objection is filed.

The regular deadline to file as a write-in candidate was Feb. 7. Based on a 2009 ruling by the Illinois Appellate Court, candidates who are kicked off the ballot after the deadline can file to run as a write-ins until seven days before the election, said Ken Menzel, deputy general counsel for the Illinois State Board of Elections.

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