First hearing held on appeal of decision to put Aurora recall referendum question on fall ballot

An appeal of the Aurora Electoral Board’s decision to place an Aurora recall referendum question on the November ballot had its first hearing in Kane County Circuit Court Thursday morning.

The hearing set an expedited schedule for the case, with the next hearing scheduled for 1:30 p.m. Oct. 21 at the Kane County Courthouse in Geneva. Deadlines were also set for the involved parties to submit arguments to the judge ahead of the next hearing.

Residents who had previously opposed the recall measure filed a motion in Kane County Circuit Court late last month to appeal the electoral board’s decision.

The case centers on the board’s decision in September to approve putting a referendum question on the November ballot. The question, already on early voting ballots, asks voters if the city of Aurora should adopt mechanisms that would allow a sitting mayor to be recalled.

The case ruling could invalidate votes cast on the referendum question if Judge Elizabeth Flood rules in favor of the appellant.

The appeal reiterates objections dismissed by the Aurora Electoral Board in September, said Edward Mullen, an attorney for Helen Francis Ratlow, who filed the appeal.

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.

The electoral board dismissed the objections last month, citing the importance of listening to the voice of the people, represented by thousands of petition signatures filed in support of putting the recall referendum question on the fall ballot.

The Aurora Electoral Board that approved putting the recall measure on the Nov. 3 ballot included City Clerk Jennifer Stallings; Ald. Juany Garza, 2nd Ward; and Ald. Mike Saville, 6th Ward.

Petitions to put the recall referendum question on the fall ballot were filed in August by the group Aurora for Change, specifically formed around the recall measure.

Leaders with Aurora for Change have argued Aurora has the authority to establish its officers’ manner of selection and terms of office through a referendum under Illinois law, according to the attorney representing leaders of the group, John Fogarty.

Proponents have also argued the referendum measure asks a simple “yes” or “no” question of voters, and that it gives Aurora voters more power to hold elected officials accountable.

Leaders of Aurora for Change plan to hold a town hall meeting on the recall referendum from 6 to 8 p.m. Monday, Oct. 5, at Belle Salle Banquets at 1920 E. New York St. in Aurora.

awright@chicagotribune.com