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Buffalo Grove trustee candidate files motion to dismiss challenge

The attorney for Buffalo Grove trustee candidate Gowri Magati has filed a motion to dismiss former Trustee Jeffrey Berman's challenge to her candidacy.

The attorney, Matthew Flamm, filed the motion 15 minutes before Friday's hearing of the village electoral board, which will rule on the objection.

Berman alleges that Magati's petition contains signatures of people who are not registered voters in the village, duplicate signatures, and signatures that "are not genuine and do not match the official signatures" on file at the county clerk's office.

He also maintains there are signatures that were not signed in the presence of the petition circulator, contrary to sworn certifications by Magati.

Flamm said his motion shows that certified records from Lake County show his client's petition has enough valid signatures to meet the requirements.

The electoral board, consisting of Village President Beverly Sussman, Village Clerk Janet Sirabian, and attorney Laura Jacksack, will meet at 2 p.m. Thursday to hear Flamm's motion.

Berman has until the end of Wednesday to respond.

Flamm had insisted Berman be given two business days to respond.

But Berman, an attorney, asked for seven days, citing a conflict with out-of-state legal work.

Flamm said, "I think that's too long. We have an election coming up in less than 90 days. I'm sorry for conflicts, but election matters take precedence."

Berman replied, "I'm certainly not adverse to expediting matters, but you served a motion 15 minutes ago."

Flamm said, "I met my client for the first time yesterday afternoon and produced this document in far less than 24 hours. This is a field where expedition is necessary."

However, Sussman agreed with Berman. "I believe that two days is not very much time," she said. "Mr. Berman was just served this now,"

Berman also announced he will be seeking to issue a subpoena of Magati and her family members who signed her petition.

"The request will specifically relate to the use of email communications to address the distribution and receipt of petition pages," he said.

Flamm objected, saying "I'm not sure that these witnesses are appropriate for a hearing on a motion to strike and dismiss."

But the board said it would allow the serving of the subpoenas.

If the motion to dismiss is not granted, the electoral board will meet on Jan. 20 to consider the evidence.

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