Ruling sought by excluded candidate seeking to appear on ballot

The city of Naperville received notice today that a candidate who will not be certified on the 2011 Consolidated Election ballot has filed a declaratory judgment in DuPage County. The judgment will seek a ruling as to whether he can be placed on the ballot. The complaint for declaratory judgment does not dispute that the city was legally obligated to not certify the candidate. Rather, the complaint relies on the candidate checklist issued by the county, which provided incorrect information for Naperville candidates.

On Tuesday of this week, the city clerk notified four city council candidates that they would not be certified for placement on the ballot due to failure to include Statements of Economic Interest. Illinois Election Code and the Illinois Governmental Ethics Act require a candidate to submit a Statement of Economic Interest by the end of the petition filing period. State law also mandates that any nomination papers filed by a potential candidate are declared invalid if the Statement of Economic Interest is not received by the filing period end date.

The city must certify the candidates' names for placement on the ballot by Dec. 16, 2010. “I understand the Plaintiff's concern and frustration due to the contradicting information that was provided in the candidate checklist,” remarked Doug Krieger, City Manager. “The city has a duty under the law and we have abided by that duty. By seeking the ruling now, in advance of the certification date, it still provides a potential remedy to the situation.”

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