Apparently, if it walks like a duck and quacks like a duck, it's a donkey.
Republicans trying to keep a Democratic state Senate challenger off the Nov. 4 ballot because he voted Republican in the February primary were unable to convince a judge Thursday that it's against the law to do that. They used the duck analogy to no avail.
A judge's ruling puts Tom Cullerton's name back on the ballot, overturning A DuPage County Election Commission decision. Cullerton is trying to unseat incumbent Carole Pankau, a Roselle Republican. Cullerton is currently a Villa Park trustee.
Associate Judge Paul Fullerton concluded there is no provision in state election law that prevents a person from voting for one party and then later becoming a candidate in a different primary during the same election cycle.
"It is not the law," Fullerton said. "Election code does not define qualified primary voter."
The judge also ruled that "it's clear" the date appearing on Cullerton's nominating papers is the date when Democrats met and selected the candidate as required by state law. The election commission voted 2-1 to reject Cullerton's candidacy, ruling the nominating date was vague.
"It indicates the date the document was dated and notarized," argued Pat Bond, the commission's attorney. "We have no indication when that (nominating) committee met."
Attorneys for the Republican objectors said they would appeal the judge's ruling to a higher court. Attorney Burt Odelson said they would file the appeal next week. Bond said the commission will decide later whether to be a party to the appeal.
"The commission always has an interest that properly qualified candidates appear on the ballot," he said. "It protects the integrity of the process."
Bond's role in the case came under fire from Democrats recently after it was discovered he and his law firm had donated nearly $1,000 to Pankau's campaign over the past several years.
"It's perfectly legal," Bond said. "Carole is not a party in this case."
Bond said he would not step aside.
DuPage Democratic Party Chairman Bob Peickert called Bond's continued involvement "disturbing."
"He's supposed to represent a bi-partisan board, which this court case concludes it is not and neither is Pat Bond," Peickert said. "If Pat Bond doesn't know election law well enough, maybe he shouldn't be advising the commission. He certainly shouldn't be advising it because of his partisan views."
Cullerton isn't the only candidate in the race Republicans are fighting these days. Addison resident Kevin Allen recently filed to run as an independent only to have his nominating papers questioned. Commission officials said a hearing is slated for 11 a.m. Tuesday to hear the objection. Odelson is handling that case as well.
http://www.dailyherald.com/story/?id=214645&src=2
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