One man, two seats: Can he do both?

It's a topsy-turvy game of musical chairs for Patrick Whalen.

There are two open seats, but only one, it seems, he can take.

Whalen, 53, is simultaneously running for village trustee in Pingree Grove and Rutland Township trustee.

But a 1989 Illinois Attorney General opinion that still stands today says the two offices are "incompatible," due to competing interests, Pingree Grove Village Attorney Dean Frieders said.

After citing conflicts that may arise between a township and village on policing, road improvements and other issues, Assistant Attorney General Michael Luke wrote: "It appears, therefore, that the reasoning ... is also applicable to the offices of village trustee and township trustee, and that these offices are incompatible."

Whalen says that's not enough to shelve his political aspirations. He charges that Pingree Grove is "stretching the interpretation of an opinion" that does not apply to his races.

"I'm not going to relinquish either one," he said. "I said they're compatible."

Frieders said he researched the issue after learning Whalen was also running for Rutland Township trustee, where he faces two Republicans and four write-in candidates in the race for three, 4-year seats.

Although the village is aware of the potential conflict, it is premature to take any action at this point, Frieders said.

"If the situation arose that (Whalen) were elected to both offices and sought to serve in both offices, we would have to assist the village to determine whether he's eligible to hold the office of trustee," Frieders said.

"I'm not running to give up; I will keep both offices," Whalen said. "I am a fighter, not a quitter."

Whalen two weeks ago survived a ballot challenge to his candidacy in Pingree Grove and says sour grapes are at play in town because of that victory, pointing to the question over whether he can simultaneously serve the village and the township.

With the legal question now looming over his campaigns, Whalen, who finished third in a three-way race for Pingree Grove village president two years ago, is convinced it will have no bearing on either race.

"I just think the people will figure out what's going on," he said.

Four candidates are running for three, 4-year trustee positions in Pingree Grove: Whalen, incumbents Ricky Popilek and Greg Marston and newcomer Joshua Cossiboon.