The DuPage County Election Commission Board voted 2-1 late Monday to appeal a court ruling that restored Joseph Kozenczak, the Democratic candidate for sheriff, to the ballot in the November election.
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In a ruling last week, DuPage Circuit Judge Bonnie Wheaton reversed a decision by a three-member elections board, which had said there were legal deficiencies in nominating documents filed on Kozenczak’s behalf.
Kozenczak, a Bensenville resident and a former Des Plaines police chief, was slated by Democrats to oppose Republican Sheriff John Zaruba in November.
An objection was filed in May contending Kozenczak was ineligible to run as a Democrat because he had voted as a Republican in the March 17 primary. But in her ruling, Wheaton said in part that laws intended to bar potential candidates from switching parties were ruled unconstitutional 25 years ago.