Two candidates deemed ineligible to run for the DuPage County Circuit Court seat of retired Judge John Elsner plan to appeal the DuPage Election Commission’s decision to toss out their nominating petitions.
Naperville attorney Tom Laz, a Republican, and West Chicago attorney Jennifer Shilakis Wiesner, a Democrat, said they will file their appeals by Monday’s deadline in order to secure spots on the ballot for the 18th Judicial Circuit opening.
Matthew Pike, of Lombard, objected to the petitions filed by Laz, questioning the validity of the signatures on Laz’s petitions. After a review by the commission’s attorney, six pages of signatures collected by Laz and his brother, Dave, were thrown out by the commission for a “pattern of fraud,” which took Laz below the minimum threshold of 540 signatures to remain on the ballot. The commission voted 2 to 1 against Laz.
Laz took issue with what he called a “lack of evidence and testimony,” which he said gives him cause for appeal. He also took issue with the accusation of a “pattern of fraud,” saying he was basically being accused of forgery and perjury.
Denying any fraudulent behavior, Laz said if the signatures were as questionable as the commission said, then all of them should have been thrown out rather than only six pages.
“It made no sense for them to say some signatures were believable but not others,” Laz said. “If they were really that bad, they should have wiped out all of them.”
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Eliminating all of Laz’s nominating petitions is something Pike’s attorney Burt Odelson felt was the appropriate action for the commission to take.
“The board didn’t go far enough,” Odelson said. “The board should have taken all of his petitions due to the high number of signatures that were not signed by the person the signature purported to be.”
If Laz does file his appeal by the deadline, Odelson said he would file a cross-appeal and ask the circuit court to remove all of Laz’s signatures.
Responding to the lack of witnesses called by the objectors, Odelson said it is up to the candidate to prove a signature in question is legitimate.
In addition to appealing the commission’s ruling, Laz said he also planned to file an evidentiary motion against Pike in order to depose him about why he challenged the signatures and file objections against the nominating petitions. Laz said the motion was going to be filed Friday.
Odelson declined to comment on a possible deposition of Pike but said he would respond appropriately to any filing.
Shilakis Wiesner said her petitions were challenged by Joan Brennan, of Addison, over a notary issue. Shilakis Wiesner said the objection was raised over the fact that the notary who witnessed the petition circulators sign their names to affirm the petitions did not have them raise their right hands while signing, something Wiesner said she had never heard of before.
“I feel pretty strongly that when I’m in front of the judges, I will prevail,” Shilakis Wiesner said.
The candidates’ appeals must be filed by Monday. They will go to a chancery court for a ruling.
If the appeals are denied, that will leave one candidate for the Circuit Court seat, Judge Liam C. Brennan, a Wheaton Republican appointed to succeed Elsner in 2014 by the Illinois Supreme Court. His term expires in December.
It is not known if there is a connection between Liam Brennan and Joan Brennan, Shilakis Wiesner’s challenger.
Alex Keown is a freelance reporter for the Naperville Sun.