Kane County Board candidate Davoust withstands residency challenge
Kane County Board incumbent Mark Davoust can remain on the board and stay on Nov. 8 ballot after the Kane County state's attorney refused to support a claim that he does not live in the county.
Davoust's Democratic opponent in the general election alleged last month that he is not a legal resident of Illinois because he is getting a $50,000 homestead exemption at a Florida property and not at the St. Charles Township home on Crane Road.
Tom Hodge is challenging Davoust, a Republican, to serve the county's 15th District on the Kane County Board.
Hodge sent State's Attorney Jamie Mosser a letter asking her to file a quo warranto complaint against Davoust over the residency issue.
However, Mosser says she has denied the request.
"I did not find sufficient evidence to support the allegation that Mr. Davoust is not a resident," Mosser stated in a text message.
According to state law, quo warranto is used to resolve a dispute over whether someone has the legal right to hold the public office that he or she occupies.
Davoust said his wife is retired and filed the paperwork at their Florida vacation home for the homestead. Davoust said he withdrew the Kane County exemption because he did not want any impropriety with having two homestead exemptions.
Davoust said he lives in Kane County, his car is registered here, his business is here, and he volunteers at his grandchildren's golf games in Illinois.
"It's a political thing," Davoust said of Hodge's objection. "Denying his (objection) indicates I am qualified. I am a resident."
Hodge disagreed with Mosser's decision not to pursue a complaint against Davoust.
"My position is that there is no state in the union that is going to give anyone a homestead exemption unless they are a permanent resident," Hodge stated. "I don't know what document she needs to prove that, but there is nowhere I've ever seen that you get a homestead exemption. ... It is black and white if you ask me. He's not a resident, and voters will decide."