Democrat sues to get on ballot for York Township supervisor election

A man who wants to run for York Township supervisor is suing the township clerk for not certifying his name on the April 1 ballot.

However, the township clerk argues that he could not do so because the nomination was not made properly.

Timothy M. Murray, of Lombard, filed his lawsuit on Jan. 29. A hearing was held Thursday, and the case continues Friday, according to DuPage County court records.

Murray is asking DuPage County Judge Anne Therieau Hayes to put him on the ballot.

Murray’s request says that the York Township Democratic Party conducted a caucus onDec. 3 to select candidates for township offices. It selected Casey Caballero as the candidate for supervisor and filed the nomination on Dec. 12 with Township Clerk Anthony Cuzzone.

But Caballero withdrew as a candidate. A party committee then picked Murray as a replacement on Jan. 8 and filed the nomination with the clerk on Jan. 13. Cuzzone rejected the nomination on Jan. 23.

In a motion to dismiss filed Thursday, Cuzzone argues that Murray should be rejected for three reasons.

First, Cuzzone contends the committee had no authority to pick a replacement. His motion states there are “muddied waters of how he (Murray) became a replacement candidate,” including using two different names for the party committee.

Second, he says the nomination was filed too late. State law requires the nomination to be filed within three days.

Third, he says Murray filed the wrong statement of candidacy form.

Murray argues that the state Township Code is silent on whether a committee can fill a vacancy after a caucus. He also says state law says the nomination has to be filed within three business days and that Saturdays, Sundays and holidays don’t count.

The DuPage County clerk's office has said Feb. 14 is the last date changes can be made to the ballot so ballots could be ready for overseas, military and early voters.

Incumbent John Valle, a Republican, is the sole candidate currently on the ballot for supervisor. Cuzzone, also a Republican, is running for re-election as township clerk.