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Challenge To Paula Struwing Petition

A resident has filed an objection to the ballot petition for Paula Struwing, an incumbent who is running for the Lyons Township High School board.

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David Giuliani
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218 views5 pages

Challenge To Paula Struwing Petition

A resident has filed an objection to the ballot petition for Paula Struwing, an incumbent who is running for the Lyons Township High School board.

Uploaded by

David Giuliani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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BEFORE TIIE DULY CONSTITUTED ELECTORAL BOARD

FOR THE HEARING AIID PASSING UPON OBJECTIONS TO NONIINATION


PAPERS OF CAIIDIDATES FOR ELECTION TO OFFICES
OF MEMBERS OF TIIE BOARD OF EDUCATION FOR LYONS TOWNSHIP HIGH
SCHOOL DISTRICT NUMBER 2O4TO BE VOTED UPON
AT THE APRrL 1,2025 CONSOLIDATED GENERAL ELECTION

BRI,AN HENNESSY, )
)
)
Petitioner-Objector, )
)
v ) Case No
&ca,.l U€B>>s/
)
PAULA STRUWING, )
)
Respondent-Candidate. )

OBJECTOR'S PETITION

Brian Hennessy, referred to herein as the "Objector", brings this Objector's Petition as a
citizen desirous of seeing that the Election Code of Illinois as well as other election laws governing
the filing of nomination papers for the office of Member of the Board of Education of the Lyons
Township High School District Number 204, County of Cook, State of Illinois ("Offtce"), are
properly complied with, and that only qualified candidates who meet all statutory and legal
requirements appear on the applicable ballot as candidates for said offtce for the April 1,2025
Consolidated General Election. tn support of this Objector's Petition, Objector states as follows:

THE PARTIES

1. Brian Hennessy, Objector, resides at 11222 W. 9l't Street, Burr Ridge,IL,60527,


and is a duly qualified and registered legal voter of Lyons Township High School DistrictNumber
204.

2. Paula Struwing ("Candidate") has filed nomination papers ("Nomination Papers")


as a candidate for Member of the Board of Education of the Lyons Township High School District
Number 204, County of Cook, State of Illinois, to be voted for at the Consolidated General Election
to be held on April 1,2025 (the "Election").

NATURE OF OBJECTION

J. Pursuant to l0 ILCS 5/10-8, Objector makes the objections set forth herein to the

I
nomination papers of the Candidate as a candidate for the Office to be voted upon at the Election.

4. This duly constituted electoral board has jurisdiction over this Objector's Petition
pursuant to the authority granted it under the Illinois Election Code (the "Election Code"),
including without limitation, 10 ILCS 5ll0-9 and l0 ILCS 5/10-10.

Failure to File a Statement of Candidacy

l. The Election Code requires a candidate to file a signed and sworn statement of
candidacy with their nomination papers. l0 ILCS 5/10-5.

2. The requirement to file a signed and swom statement of candidacy is mandatory.


See Serwinski v. Bd.of Election Comm'rs of City of Chicago,l56 Ill. App. 3d 257 ,260,509 N.E.2d
509, 5l I (1987). The name of any candidate who has failed to file a signed and swom statement
of candidacy will not be certified to appear on the ballot for election to the office sought. /d. at
26t.

3. The Candidate failed to file a statement of candidacy with her Nomination Papers.

4. Failure to comply with this mandatory requirement of the Election Code is a fatal
defect that invalidates the Candidate's nomination papers.

5. As the Candidate's Nomination Papers fail to comply with a mandatory


requirement of the Election Code, such Nomination Papers are invalid in their entirety and the
Candidate's name is precluded from appearing on the ballot.

Failure to File a Valid Statement of Economic Interests

6. The Election Code requires a candidate to file a statement of economic interests


with the county clerk. 10 ILCS 5/10-5. Section l0-5 of the Election Code provides as follows:

"l.,lomination papers filed under this Section are not valid if the candidate named
therein fails to file a statement of economic interests as required by the Illinois
Govemmental Ethics Act in relation to his candidacy with the appropriate officer
by the end of the period for the filing of nomination papers unless he has filed a
statement of economic interests in relation to the same governmental unit with that
officer during the same calendar year as the year in which such nomination papers
were filed. If the nomination papers of any candidate and the statement of economic
interest of that candidate are not required to be filed with the same officer, the
candidate must file with the officer with whom the nomination papers are filed a
receipt from the officer with whom the statement of economic interests is filed
showing the date on which such statement was filed. Such receipt shall be so frled
not later than the last day on which nomination papers may be fied." Id.

2
7. While the Election Code does not always require a candidate to include a statement
of economic interests with their nomination papers, the Election Code explicitly requires a
candidate to file a receipt confirming the filing of their statement of economic interests no later
than the last day that nomination papers may be filed.Id.

8. Failure to file a statement of economic interests and/or a receipt of filing a statement


of economic interests is a fatal defect which invalidates a candidate's nomination papers. .Id.

9. A candidate mustprovide the complete name of the office to which they are seeking
election on their statement of economic interests form. See l0 ILCS 5/10-5; Jones v. Mun. Officers
Electoral Bd., 112 Ill. App. 3d 926,930,446 N.E.2d 256,259 (19S3) (finding that "3'd Ward" was
not a sufficiently complete name of the office sought, that "the legislature intended to make
mandatory, rather than directory, the inclusion of the office sought" on the statement of economic
interests).

10. A candidate's failure to provide the complete name of the office to which they are
seeking election on their statement of economic interests is therefore also a fatal defect.

11. On her statement of economic interests form, the Candidate provided that the
"office or position of employment for which this statement is filed" is the office of "Member Board
of Education."

12. "Member Board of Education" fails to provide the complete name of the office to
which the Candidate is seeking election because it fails to specifu any particular school board to
which the Candidate is seeking nomination, namely the school board for "Lyons Township High
School District Number 204."

13. Furthermore, multiple school boards serve the Candidate at her home address, and
a member of the public would therefore be unable to determine the unit of government to which
the Candidate is seeking election.

14. The Candidate's failure to provide the complete name of the office to which she is
seeking election makes her statement of economic interests deficient and invalid.

15. In light of the foregoing, the Candidate has not filed a statement of economic
interests in relation to her candidacy in the manner required by 10 ILCS 5/10-5, and her petitions
are acoordingly invalid. As such, the Candidate's name must be removed from and not printed
upon the ballot for the April 1, 2025 election.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

a
J
WHEREFORE, Objector requests a hearing on the objections set forth herein, a ruling
that the Nomination Papers are insufficient in law and fact, and a ruling that the name of Paula
Stnrwing shall not appear and not be printed on the ballot for election to the office of Member of
the Board of Education ofthe Lyons Township High School DistrictNumber 204, County of Cook,
State of lllinois, to be voted for at the Consolidated General Election to be held April 1, 2025.

submitted,

Petitioner-Objector

4
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