Linh Nguyen filed a petition with the circuit court on November 21 to reverse the electoral board’s decision and place her name on the ballot for mayor. Here’s the meat of it:
The final decision and order removed candidate from the ballot because she filed her nominating papers as a nonpartisan candidate during the nonpartisan filing period from October 21, 2024, to October 28, 2024, but the electoral board ruled that DeKalb holds partisan elections rather than nonpartisan elections such that the correct filing period was November 12, 2024 to November 18, 2024. Further, the electoral board ruled that candidate’s nominating papers did not substantially comply with the Illinois Election Code although they were filed prior to November 18, 2024.
Candidate files this petition seeking to reverse the final decision and order of the electoral board on the grounds that (1) the electoral board misapplied the applicable provisions of the Illinois Municipal and Election Codes, which provide that because DeKalb is a managerial form of government under Article 5 of the Municipal Code, it should hold nonpartisan elections, and (2) in the event DeKalb is not required to hold nonpartisan elections, candidate’s nominating papers substantially complied with the relevant provisions of the Illinois Election Code such that her name should appear on the ballot.
Accordingly, candidate requests that the Court reverse the final decision and order of the electoral board and find that the candidate’s name shall be printed on the ballot as a candidate for mayor of the City of DeKalb for the 2025 municipal election.
The electoral board hearing established the objector’s argument that City of DeKalb’s move from at-large legislators to aldermen from ward districts made DeKalb a partisan municipality. The board agreed.
Several years ago, I phoned the Illinois State Board of Elections (ISBE) to find out whether DeKalb is partisan or nonpartisan. They said partisan. Nevertheless, almost invariably there are candidates who use the “nonpartisan” nominating petition form from the ISBE’s Candidate’s Guide instead of the one labeled “independent” and I’ve not seen anyone removed from the ballot for that.
What’s new to me is the candidate who used the “nonpartisan” petition form this time around also submitted the completed forms during the nonpartisan filing period.
As indicated above, the nonpartisan filing period was October 21 to October 28. The filing period specific to partisan “independent” candidates was November 12 to November 18.
The city not only accepted Ms. Nguyen’s petition paperwork during the nonpartisan period — October 25 — but also used the nonpartisan timeline in issuing a receipt for it. This included a reminder to file a Statement of Economic Interest (SEI) with the county clerk and to submit the SEI receipt to the city “during the filing period of 10/21/2024 – 10/28/2024.” The petition receipt also contained a notice for a ballot lottery on November 6.
In other words, instead of telling Ms. Nguyen to come back the week of November 12, the city treated the nonpartisan filing as routine.
The earliest hearing date on the docket so far is set for January 30, 2025. However, Ms. Nguyen has since filed a motion to change judges, so perhaps that may change.
If you want to keep track yourself, click here and use case number 2024MR96.
Related:
Northern Star: Objections filed against DeKalb mayoral candidate Linh Nguyen
Northern Star: Linh Nguyen removed from DeKalb mayoral ballot by electoral board