Hearing set for Wheaton council challenge

A hearing to determine a Wheaton City Council candidate's eligibility has been set for Wednesday evening. The city's board of elections ruled Monday to proceed with a resident's challenge of former downtown Wheaton business owner Scott MacKay's candidacy for the spring election.

MacKay's attorney, James Reichart, declined to file a motion to dismiss the case and instead said MacKay wanted to proceed with the hearing, which gives the objector, Kristen Seely, a chance to prove her case.

“They have to prove their case,” he said. “If they want to deprive people of the right to vote for their candidate, then they are going to have to prove their case according to the law.”

Seely last week filed an objection to MacKay's candidacy after she said she found that MacKay owed about $11,000 in back property taxes and late fees.

A provision in the state's municipal code prohibits anyone from holding elected office if that person is behind in tax payments due to that city.

A special election board, comprising the mayor, city clerk and senior city councilman is required by law to convene to hear candidate objections. The group will meet at 5 p.m. Wednesday at city hall, 303 W. Wesley St. Mayor Michael Gresk, who will chair the panel, said the quick turnaround on the hearing is necessary because of a Dec. 16 deadline for the city to certify the election filings.

City Clerk Emily Consolazio, also a member of the election panel, said that deadline is flexible and that the city could file for an amendment that would give officials more time to handle the challenge.

A third and final hearing has also been scheduled for 10 a.m. on Dec. 16.

MacKay is one of six candidates seeking one of two vacant at-large city council seats in the April election.

County records show MacKay has not paid either installment of his 2009 property taxes, including one that was due June 1 and another that was due Sept. 1.

“It's a simple question of the law,” said Mark Stern, who will serve as Seely's attorney. “The candidate has asked for additional information that is clearly ascertainable. If you don't pay, you can't run for office under municipal code.”