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Kendall Electoral Board rules Plano man off ballot

Updated: January 26, 2014 6:18AM



YORKVILLE — A Kendall County Electoral Board Monday ruled Plano resident Alex Trevino off the March 2014 GOP primary ballot.

Board members upheld two challenges against some of the signatures on Trevino’s nominating petitions filed earlier this month. They also agreed that his petitions should be voided because he left off the petitions the office he was running for: the County Board from the 1st District.

The challenges against Trevino’s petitions came from rural Yorkville resident Todd Milliron, who also is a 1st District Republican candidate for County Board, and Yorkville resident Bob Allen.

The two also filed challenges against two other 1st District candidates, Robert Davidson, a former long-time board member from Plano, and Chris Funkhouser, a Yorkville alderman.

The electoral board voted to deny those challenges, and keep both candidates on the ballot.

In the case of Davidson, the electoral board said it found case law out of McHenry County that allowed someone who wrote the wrong date on a nominating document to stay on the ballot. Davidson wrote March 18, 2013, instead of the proper year, 2014, for the next election.

Davidson has argued that it was an honest mistake, which was allowed, and that it caused no confusion because people would understand which election it was for. He also argued, through his attorney, Dan Kramer, of Yorkville, that the courts allow for a substantial compliance, rather than strict or mandatory compliance with all the rules.

The objectors had argued that a candidate should learn to follow the rules, and that there should be mandatory compliance with state law for nominating petitions.

The case cited by the electoral board had not been placed in evidence during last week’s hearing on the objections, but was discovered by the Kendall County State’s Attorney’s Office. It also was a case involving slating of a candidate, not nominating petitions.

In the case of Funkhouser, the electoral board said state law describing exactly how petitions should be bound is confusing. Objectors said Funkhouser should have bound his petitions in a way that ended up like a book. But Funkhouser argued that the way he bound his petitions, with a paper clip and a binder clip at the top, was satisfactory.

The objectors do have the ability to appeal the electoral board ruling to the Circuit Court. Milliron said he is considering whether it’s worth it to do that or not.



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