Through a twist of election law, a challenge in the Elgin mayoral race could end up booting a tax-increase referendum for School District 300 off the February ballot in three counties, which school officials predicted would trigger teacher layoffs.
According to state law, there must be an election in one of the school district’s 14 municipalities for the district to present a referendum to voters. This February, the only election in the Carpentersville-based district’s 118-square-mile territory is a three-way runoff for mayor of Elgin.
But now the validity of one of the Elgin candidates’ petitions has been challenged. If he is kicked off the ballot, there is no need for the Feb. 25 runoff, and the referendum will not take place in Elgin or any of the other communities–despite absentee ballots that have already gone out with the District 300 question.
A Kane County Circuit judge is expected to hear the petition challenge Tuesday, and officials in the school district are awaiting the results with considerable anxiety, said Supt. Kenneth Arndt.
“Obviously, we’re very interested and concerned,” Arndt said. “If there is no Elgin primary on Feb. 25, then we cannot have a referendum.”
The cash-strapped district says it cannot afford to wait until the April 1 general election because it is facing a $22 million deficit, the result of increasing enrollment and the state budget crisis.
If the 90-cent tax increase for the education fund were approved in February, the district could get $8.5 million this spring by asking county clerks to adjust the levy for 2003, plus $18.3 million next school year. By waiting until the April election, the district will miss the deadline for adjusting the levy and have to wait until fall to receive more funds.
Arndt said that would force the district to lay off 102 teachers and 60 support staff.
Pat Freeman, director of election information for the state Board of Elections, said Thursday was the first day to vote absentee, and the disputed candidate–mayoral hopeful Donald McClay–was on the ballot. As far as the state is concerned, she said, the District 300 referendum is still on. Whether that remains the case on Feb. 25 may depend on when the Elgin issue is resolved, she said.
“At what point do the appeals run out and you have to print the ballots?” Freeman said.
Michael Lavelle, former chairman of the state and Chicago election boards, said that if the mayoral runoff is canceled, the law gives District 300 no choice. “There’s nothing they can do,” Lavelle said. “The fact that they need the money now does not change the law.”
Elgin mayoral candidate R.W. “Dubs” Davis sought to have McClay removed from the ballot, alleging irregularities on his filing petitions, including signatures from voters outside Elgin and an altered date on a notary stamp. On Dec. 31 an Elgin elections board found the flaws to be minor and allowed McClay to remain on the ballot.
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Davis decided to appeal after McClay said he collected signatures inside a post office.
“My only concern and my only reason for doing this was the candidate who I filed the objection on just showed a blatant disregard for the whole electoral process,” Davis said. “He didn’t do anything correctly.”
“What I’m trying to do is stop the primary, which is going to cost the taxpayers,” he said, adding that his decision had nothing to do with District 300’s referendum.
McClay could not be reached for comment.
The district of nearly 17,700 students is moving ahead with its efforts to educate voters and performing the routine tasks of an election: making sure the ballots are correct and that absentee ballots are available.
“It’s not something the district can control,” said its spokeswoman, Darlene Johnson. “We don’t know what’s going to happen. It’s uncharted territory.”