Rauschenberger scores another win in ballot dispute

Elgin Republican Steve Rauschenberger's position on a primary ballot to reclaim his state Senate seat was upheld by an state appellate court Friday.

Rauschenberger is running to take on state Sen. Michael Noland, an Elgin Democrat, in the general election for the 22nd District Senate seat.

Illinois' First District Appellate Court panel ruled 2-1 in favor of Rauschenberger, who opponents want removed from the Republican primary ballot because he pulled a Democratic ballot in early 2009 to vote for a relative for local office.

Michael Kasper, an attorney for the Illinois Democratic Party, argues Rauschenberger's Democratic vote means he can't claim himself as a "qualified primary voter" as required to be a candidate. It is a legal tactic used successfully by Republicans in 2008 to remove an appointed Democratic challenger in a general election because he voted in the previous GOP primary.

Rauschenberger's attorney, Burt Odelson, has maintained the case law doesn't apply in the current situation because Rauschenberger pulled a Democratic primary ballot in a separate election cycle from his current primary run.

Rauschenberger earlier won a circuit court appeal brought by Kasper.

Kasper said Friday he was not yet sure if he will petition the Illinois Supreme Court to hear the case.

Meanwhile Rauschenberger's name is on the ballot. Early voting starts Monday for the Feb. 2 primary.

Noland has said he is not behind the challenge to Rauschenberger. Noland won the seat when Rauschenberger gave it up to make a failed bid for lieutenant governor in 2006. He had held the 22nd District seat since 1992.

Rauschenberger now heads a conservative fundraising organization.