Group files motion in Kane County court appealing electoral board decision on Aurora recall referendum
A group of Aurora residents is seeking to invalidate votes cast in the upcoming fall election on a recall mechanism that, if approved by voters, could allow residents to boot a sitting Aurora mayor from office.
The Aurora Electoral Board voted earlier this month to allow the referendum question on the ballot. Voters will be asked if the city should adopt mechanisms that would allow a sitting mayor to be recalled.
But the same residents who opposed the recall measure filed a motion in Kane County Circuit Court to appeal the electoral board’s decision.
While the referendum question is set to be on the ballot in November, the court’s ruling would affect whether the votes on the measure are counted, said Edward Mullen, an attorney for Helen Francis Ratlow, who filed the appeal.
The case is scheduled for a hearing in Kane County Circuit Court on Thursday, Oct. 1, according to online court records.
Mullen said he aims to receive a court ruling before the Nov. 3 election.
He said the appeal would argue the objections dismissed by the Aurora Electoral Board.
Those objections include whether Aurora and its voters have the constitutional authority to create the proposed recall system, whether a recall election could be held on a date other than an election day already scheduled, whether the referendum combines separate questions, and whether the referendum question is written so that the system could legally operate if voters do approve it.
Aurora Mayor John Laesch said he is involved with the effort to appeal the board’s decision but not closely.
Laesch said people opposed to the recall referendum chose to support an appeal because they feel the referendum could set a “dangerous” precedent that could undermine the democratic process.
“If it were to set precedent based only on an electoral board hearing, you could start to see more recall efforts,” he said.
The “dangerous” precedent set by the proposed recall mechanism, Laesch argued, could allow someone who loses an election to gather signatures and promote a recall effort. He said that undermines the votes that put the winning candidate in office.
Laesch said this dynamic could start “perpetual campaigns,” where elections become more expensive and favor wealthier candidates with more money to spend on campaigning and promoting a recall campaign.
“It favors the deep-pocketed candidates who can survive multiple elections, or overturn elections, if they have the resources to do it,” he said. “It favors money over a more democratic system.”
But leaders of the group backing the recall effort, Aurora for Change, argue the recall referendum is about empowering people.
“If you believe that your elected leader has done something wrong, you have a form of recourse,” said Adam Pauley, one of the organizers behind Aurora for Change. “This is about people-powered government.”
Danny Souri, another organizer behind Aurora for Change, said that under the proposed mechanism, if the elected mayor is doing their job, they should not have to worry about a recall.
Souri said the recall process is difficult. It requires a majority of the electorate to vote on removing the mayor.
“To get people to stand up, want to go through the whole process of a special election and kick someone out, et cetera, they’re going to have to really negate their duties as a sitting mayor,” he said.
Since the Aurora Electoral Board allowed the recall referendum to be on the Nov. 3 ballot, Souri and Pauley said Aurora for Change has taken several next steps to promote the measure, including ordering yard signs.
Aurora’s recall referendum measure will appear on ballots for Aurora residents in Kane, DuPage, Will and Kendall counties. Early voting for those counties began Sept. 24.
awright@chicagotribune.com