Excluded candidates will be certified to appear on the 2011 consolidated election ballot

Following a ruling issued on Tuesday, Dec. 7 by DuPage Circuit Judge Bonnie Wheaton, the city will certify two City Council candidates to appear on the 2011 Consolidated Election ballot. The ruling came after two candidates filed cases seeking reinstatement on the ballot following notification from the City Clerk that they would not be certified to appear on the ballot. Although an additional two candidates who were not certified did not take legal action seeking reinstatement, the city will reinstate them on the ballot in the interest of fairness.

On Nov. 30, the city clerk notified four city council candidates that they would not be certified for placement on the ballot due to failure to include Statements of Economic Interest. Illinois Election Code and the Illinois Governmental Ethics Act require a candidate to submit a Statement of Economic Interest by the end of the petition filing period. State law also mandates that any nomination papers filed by a potential candidate are declared invalid if the Statement of Economic Interest is not received by the filing period end date.

The cases did not dispute that the city was legally obligated to not certify the candidate. Rather, the complaints relied on the candidate checklist issued by the county, which provided incorrect information for Naperville candidates. Relying on her equitable powers, Judge Wheaton found that the intent of the law was followed since the statements were actually filed even though they were late.

“The city is pleased with today's ruling,” City Manager Doug Krieger said. “The city had a duty under the law to not certify these candidates; however, Judge Wheaton's decision allows a complete field of candidates for the 2011 election.”

Following this action, twelve individuals will appear on the ballot for the four open city council seats. The 2011 Consolidated Election takes place on April 5, 2011.

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