Objection Ends Potential Campaigns
By David Schwab, Sun-Times News Group
Copyright © 2007 Sun-Times News Group
Homer Glen, Illinois - A mixed-bag of verdicts were doled out to potential candidates running for
political offices in Homer Glen at a Will County courthouse last week.
One candidate was tossed off the ballot, one remains on, one has taken himself out of the running and a fourth will have to wait until Jan. 10 to find out his fate.
The decisions came after James Cahill, a politically active Homer Glen resident, filed objections to the nomination papers of four candidates -- Vivienne Porter, Jim Daley, Scott Kozak, and Charles Wenzel.
Porter, who wanted to run for trustee, is no longer on the ballot.
A three-member Will County electoral board ruled Tuesday that she made no attempt to put page numbers on her 10 pages of petition signatures, thus disqualifying her.
Valid signatures from 121 registered residents, with the forms properly filled out, are required to put a candidate on the Homer Glen primary ballot in February.
"I think it's a shame -- that all because of a minor error, I'm off the ballot, and that doesn't really serve the people of Homer Glen," Porter said after the ruling.
Jim Daley, a mayoral candidate, won his battle with filed objections about page numbers and remains on the ballot.
Cahill's lawyer, Steven Skinner, said that about 10 of Daley's approximately 40 petition papers lacked page numbers.
The other pages were numbered, though, and the board found this to be "substantial compliance" with the election rules.
"I feel good about the decision," Daley said after the ruling, adding he "feels bad" the court's time and money were wasted as a result of his opponents "focusing their energies on trying to keep people off the ballot."
In the third case, Cahill objected to Scott Kozak's bid for a trustee position based on Kozak's deficiency in meeting residency requirements.
Kozak has spent the last six years in the armed forces.
He's an Iraq war veteran currently stationed with the army in South Africa. He is scheduled to return to the United States to Tuesday, according to his friend, Jim Eiden.
Skinner said the law requires a candidate to live in the town in which he or she is running for office for one year prior to the election.
He contended Kozak did not meet this requirement.
Kozak's representatives, his mother and Eiden, wanted to postpone the hearing to give Kozak a chance to present his case for residency.
Eiden said Cahill's objections were "hypocritical" and set by "a political agenda," in an interview before the court hearing.
He said Kozak attended Sandburg High School in Orland Park and has lived in the area his entire life.
He has officially lived in Homer Glen only since May because of his military duties.
According to Eiden, Kozak's candidacy is "a great message" for those seeking to support the re-acclimation of soldiers into society, and residency issues should be overlooked because of these circumstances.
"His residency, in my opinion, is in the U.S. Army," said Kozak's mother.
Eiden and Kozak's mother said the court had inaccurate information about his residence and he deserved a chance to represent himself in court.
The court obliged, since neither the candidate nor his legal representation were present.
Kozak's hearing is set for Wednesday, the day after he is scheduled to return to the country.
"We're pleased, at this point," Eiden said after the ruling. "We think the least the board could do is afford him due process."
Charles Wenzel, who was also running for mayor, withdrew himself from the campaign Tuesday before the board heard arguments about his case.
Wenzel said he withdrew for both business and personal reasons, not because of Cahill's objection.
Cahill said his goal was to get all four candidates off the ballot.
"The bottom line reason (for the objections) is they didn't have enough signatures on their petitions," Cahill said.
"Rules are rules," Skinner told the board.
Skinner said Cahill's objections were made to "protect the integrity of the election process."
Homer Glen's primary election will take place on February 27, 2007.
About Rathbun, Cservenyak & Kozol LLC
Rathbun, Cservenyak & Kozol LLC is a Will County-based law firm in the practice of civil litigation. The firm consists of eleven (11) attorneys who provide aggressive legal services to industry, governments, insurance companies and individuals. The firm serves clients from Will County and surrounding counties both in state and federal court.
