Ex-Prospect Hts. mayoral candidate appeals to courts

A Prospect Heights mayoral candidate kicked off the ballot is determined to get back on.

Not only has Kurt U. Giehler filed to run as a write-in, on Friday he filed for a judicial review of the electoral board's decision to dismiss him from the ballot.

Giehler is asking the court to invalidate the electoral board's decision, saying that because all three board members did not sign it, it is not official.

He also charges a lack of proper notification when his candidacy was challenged; and that the board used an inappropriate law to disallow 23 of his signatures, which led to him not having the 137 voters' signatures required.

City Clerk William Kearns, who chaired the panel that ruled on Giehler's candidacy, said it relied on the advice of Erik R. Peck, the Park Ridge attorney hired to serve as hearing officer.

Kearns said he was out of town when the written verdict was issued, and he was told he did not have to sign it.

He also said Peck advised them Giehler's notice of the challenge was sufficient.

“He's certainly more expert in election law than I am,” said Kearns.

On Friday, Peck said he could not comment on the court review at least until the city is served with the notice.

However, on Jan. 5 Peck said Giehler's appearance at the electoral board hearing showed he had enough notice. The challenge to Giehler's candidacy was filed by Nicholas “Nick” Helmer, who is a candidate for mayor along with Mayor Dolores “Dolly” Vole, who is running for re-election.

The electoral board invalidated 23 signatures on Giehler's petitions because those same voters had earlier signed petitions for Helmer or Vole.

Giehler said he does not believe a voter's signature is invalid if he signs petitions for more than one candidate for the same office, but said the court must decide that.

Besides Kearns, the other two members of the electoral board were Alderman John Styler of Ward 2 and Alderman Bree Higgins of Ward 5.

Generally Vole would chair the city's election boards, but she recused herself because the case involved the mayor's race.

From the beginning Giehler challenged the validity of the board's three members.

He said Kearns had a conflict because he was the one who failed to properly notify Giehler of the challenge; Styler had solicited signatures for Helmer; and there was a more senior alderman than Higgins who should serve.

He also criticized the board for technicalities — such as saying they did not swear in people who should have been treated like witnesses; and because they accepted Peck's decisions without a vote.

“I'm appealing to the court to invalidate what they've done and start over and put me back on the ballot.”

Vole said she could not comment on Giehler's complaints.