Cunningham back on the 11th District GOP ballot

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Jack Cunningham

Updated: March 23, 2012 8:09AM

The Republicans will have a primary in the new 11th Congressional District after all.

Two weeks after the state’s Board of Elections removed Kane County Clerk Jack Cunningham from the ballot, a Cook County judge Tuesday put him back on the March 20 ballot.

The judge ruled that a typographical error on Cunningham’s campaign petitions was not sufficient reason to disqualify him as a candidate.

On Feb. 5, Cunningham was disqualified in a 6-2 vote. Cunningham had filed 1,265 signatures on election petitions, but the election board tossed about 700 , leaving him below the threshold for the ballot. Many of the disqualified signatures were on petitions attributed to one campaign worker, hired by Cunningham, who transposed two numbers on his own address.

The decision was especially stinging for Cunningham, who — as clerk — is in charge of the Kane County’s elections. Cunningham admitted that as an election official the disqualification aggravated him more than it might have bothered the average person. While he initially seemed resigned to his fate, a few days later he filed an appeal. Cunningham felt that there was sufficient case law that supported his position that a small typographical error should not disqualify an entire campaign.

“In effect, what they did was deprive all those people who signed, the right to have a candidate on the ballot,” Cunningham said.

On Tuesday, Cunningham felt vindicated, but frustrated by the time and expense that was spent on the process.

“The Illinois State Board of Elections was wrong and your Kane County clerk was right,” he said.

The decision leaves Cunningham with little time to make traction against Judy Biggert, the longtime congresswoman who is running in the redesigned 11th District. Early voting begins Monday, and Biggert has a significant head start on fundraising and publicity. And to further complicate Cunningham’s campaign, military and absentee ballots have already been sent out that do not include his name. Cunningham said he’s ready to overcome those challenges.

“It gives me one month to get out on the streets,” he said. “It’s going to be intense. But I’ve never been a insider.”

Biggert’s campaign declined to comment on Tuesday’s decision.

The new 11th Congressional District includes Aurora, Naperville, Plainfield and Joliet.