Cunningham tells people he's off 11th District ballot

An appellate court still has the final say, but Jack Cunningham Tuesday was telling people he's off the ballot in the 11th Congressional District.

Illinois State Board of Elections officials voted 7 to 1 to throw out hundreds of Cunningham's nominating petition signatures, leaving him without enough to be a candidate in the race. If that vote holds up in the appellate court that still holds jurisdiction over the case, votes cast for Cunningham next Tuesday will not be counted.

John Fogarty is the attorney for the people who challenged Cunningham's petitions. Fogarty said the 7 to 1 vote is a strong recommendation that he expects the appellate court will follow. The ruling followed the appellate court's mandate that the state board of elections consider testimony that indicated dozens of Cunningham's petition sheets were not properly notarized. The state board ruling tossed out all the petitions in question. Cunningham needs 600 signatures to be a valid candidate in the contest. The state board's ruling leaves him with only about half that amount.

Fogarty said he expects the First District Appellate Court will issue a ruling either late Tuesday or Wednesday.

Cunningham appeared at a Kane County Board meeting Tuesday in his role as Kane County clerk. He was seen before and after the meeting telling fellow elected officials that he was off the ballot. Cunningham could not be reached for further comment Tuesday afternoon.

If the appellate court upholds the state board's ruling, Judy Biggert would be the only valid Republican with a name on the 11th Congressional District ballot on March 20. Cunningham still has the option of taking his case to the Illinois Supreme Court.