Tiffany Stephens’ use of an Aurora address to vote, file taxes and obtain a warranty deed is not sufficient proof that she does not meet the Naperville residency requirement to be a mayoral candidate, the electoral board ruled Friday.
Naperville resident Arian Ahmadpour challenged Stephens’ nominating petitions on the grounds that she moved to Naperville when she bought a town house in July, falling short of the 12-month residency rule to run for office.
At the Municipal Officers Electoral Board hearing Friday, Ahmadpour’s attorney Ross Secler argued that Stephens, founder of Naperville-based nonprofit Kids Teen Rider, did not live in the city prior to that based on the address she used to vote and file income taxes.
But Stephens contends she did live in Naperville, residing at her 1240 Iroquois Ave. office and with friends and family for several years before her town house purchase.
Because she had no fixed home location, she used a friend’s address at the 500 Station Apartments in Aurora for legal purposes and mail delivery, she said.
“I stayed at friends’ homes, friends’ and family homes, and I lived at the 1240 Iroquois Ave. (location) with COVID during that time. And I had nowhere else to go so that’s where I was, at the office, at friends’ homes that reside in Naperville,” Stephens said.
“I used the address where I got permission to use. My friends and family didn’t feel comfortable (with my using their addresses) so I used that 500 (Station Blvd. address because my friend) allowed me to use that address to vote,” she said.
She opted not to list her office address when registering to vote and the only bills she received there were business-related, she said. “The business was closed due to COVID,” Stephens said.
Because Secler could not prove where Stephens lived prior to moving into her town house, the electoral board — made up of Naperville Mayor Steve Chirico, Councilman Paul Hinterlong and City Clerk Pam Gallahue — voted 2-1 vote against pulling her from the ballot.
Gallahue cast the only vote against the directed finding.
Secler said he and his client are considering whether to appeal the ruling.
“It’s a case very ripe for judicial review and correction,” Secler said.
Unless a judge rules Stephens has not met the criteria to be a candidate, she will remain on the ballot with fellow mayoral candidates, City Councilman Benny White and Scott Wehrli.
At the hearing, Secler contended that Stephen’s use of an Aurora address on legal documents was proof that she did not have a Naperville residence and therefore did not meet residency requirement to be a city candidate.
But Stephens’ attorney, Keri-Lyn Krafthefer, countered that Secler did not prove if Stephens actually lived at the Aurora apartment or anywhere else in the time prior to her home purchase.
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“The only evidence in the record regarding where she lives is her testimony, that she lived in her office space in Naperville and that she was using the 500 Station Blvd. address as a mailing address for homeless purposes,” Krafthefer said.
Under election code terms, she said, Stephens could be described as homeless, meaning “any person who has a nontraditional residence, including but not limited to a shelter, day shelter, park bench, street corner or space under a bridge.”
Additionally, state law says “a mailing address of a homeless individual may include, but is not limited to, a shelter, a day shelter or a private residence,” she said.
Both sides agreed Stephens registered to vote in DuPage County on Oct. 17, 2017, under the address of 500 Station Blvd. Apt. 501 in Aurora, and based on that address, she voted in the Nov. 6, 2018, and Nov. 3, 2020, general elections.
On Sept. 15, 2021, Stephens entered into an agreement to purchase a town house under construction at 3103 Anna Marie Lane in Naperville, which she closed on on June 30, 2022.
Documents provided by Secler show Stephens was listed as a grantee on a warranty deed for the 3103 Anna Marie Lane property, and the deed lists Stephens’ previous residence as 500 Station Blvd. in Aurora.
Public records show Stephens purchased her new home for $476,075.
The two sides also agreed that Stephens’ voter registration in DuPage County was canceled on Nov. 7 because she registered to vote Nov. 6 using her Anna Marie Lane address in Will County and that she voted Nov. 8 based on the new address.