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Potential candidates for the newly created taxpayer advocate position find themselves in legal wrangling before they even get on the November ballot.

In an April referendum, voters agreed by a 2-1 ratio to create the elected position of taxpayer advocate. The advocate would work with citizens to appeal tax rates as well as work for tax relief and for reform legislation.

Lynn Hilger, who filed more than 400 petitions to be placed on the Nov. 4 ballot for the position, found herself challenged by Mary Varkalis.

However, Hilger supporters said Varkalis violated the rules by filing her petitions for office nearly three weeks after the cutoff; filing only 175 of the required 187 signatures on her petitions, as well as collecting signatures from non-registered voters; and failing to file a statement of economic interest.

In turn, Varkalis filed a challenge to Hilger’s petitions that virtually challenges the entire process. Varkalas is arguing that the taxpayer advocate position can only be approved by the City Council and that, if approved, the election should be held in an odd-numbered year.

Now it appears likely both sides will find themselves in court. A hearing Monday by the Oak Forest Election Board failed to answer any pressing questions. The board, made up of the mayor, the city clerk and Ald. Frank Smith, came under attack as well when it was learned that Smith would be passing judgment on petitions for Varkalis that he had circulated. The Election Board’s attorney, Burt Odelson, ruled Smith could continue to serve.

Hilger and Varkalis were given two days to respond to the complaints filed against their nominating petitions.

The board will meet Tuesday at 5:30 p.m. to decide the fate of the candidates.