Court agrees to hear Rauschenberger case
The Illinois Supreme Court has agreed to hear a case involving a court challenge to throw Elgin Republican Steve Rauschenberger off the November ballot because he voted for his sister, a Democrat, in a primary election in 2009.
No date has been set for the high court to hear oral arguments on the case. Court spokesman Joseph Tybor said that unless the case is expedited, the court most likely will take up the matter in September.
Tybor said the court does not hear arguments in the summer and each side has 35 days to submit and respond to each side's written arguments, along with another 14-day window to make more arguments.
In November, Rauschenberger will attempt to win the 22nd District Illinois State Senate seat from Democrat Michael Noland.
Frederick J. Hossfeld challenged the Illinois State Board of Elections, arguing that Rauschenberger's vote in the Feb. 24 primary for his sister, Democrat Carol Rauschenberger, should eliminate him from the ballot as a Republican.
In Illinois, a person must declare a party if they are voting in a partisan race.
Steve Rauschenberger said Wednesday he hopes the Supreme Court will take up the case to clarify and reaffirm prior case law.
He also noted that judges on the circuit court and appellate court levels have ruled in his favor.
"I don't think there is any risk they're going to find against me," Rauschenberger said.
The election is Nov. 2.