Alderman Pat Wagner will Remain on the Ballot in the Consolidated Election

Objections to Wagner's nominating petitions dismissed Monday.

Fourth Ward resident Darlene Heslop's objections to 7th Ward Alderman Pat Wagner's nominating petitions were unanimously dismissed by Elmhurst's Electoral Board Monday on the grounds that Heslop does not live in Wagner's ward. 

Wagner is the incumbent candidate running to retain his seat in the April 9 Consolidated Election. Heslop claimed that Wagner's nominating petitions were inconsistent with respect to how he referred to the position he was seeking. But Wagner's attorney, Michael Botti, presented a motion to dismiss the objections, which was ultimately accepted by the Electoral Board.

Botti referred to state election law and argued that only residents of the 7th Ward could file objections to petitions from candidates in that ward, a point that was corroborated by city attorney Thomas Bastian. Heslop, who did not have an attorney, argued that the “political subdivision” referred to in the state law meant the city as a whole.

Botti further argued that the substance of Heslop's objection—that Wagner wrote he was running for the “City of Elmhurst” on his statement of candidacy and “7th Ward” on his petition—was not valid and was not enough to disqualify him.

According to state statute, the city's Electoral Board is composed of the mayor, in this case acting Mayor and 5th Ward Alderman Scott Levin (who is also an attorney), City Clerk Patty Spencer and the longest-serving member of the City Council, which would have been Mark Mulliner.

Before the hearing began, however, Mulliner recused himself, stating “as the other duly elected alderman in the 7th Ward, I do not feel that I can fulfill my sworn duty as alderman for the constituents I have been elected to represent and at the same time sit in judgment fairly and impartially of who should be on the ballot for the Consolidated Election.”

Levin countered that Mulliner's concerns were not enough to interfere with his ability to rule objectively.

“We are all just a degree away from knowing everybody else in town,” Levin said.

Mulliner replied that he believed he could not be impartial. The panel voted to let Mulliner step down, and he was replaced by 3rd Ward Alderman Michael Bram, the second-longest-serving alderman.

According to DuPage County election information, Heslop has five days to file a petition for Judicial Review of the board's decision with the Clerk of the Circuit Court.

Gerry F January 08, 2013 at 01:52 PM
What did the challenge cost the Taxpayers of Elmhurst. Not only in the real dollars that are paid to the City Attorney but also in terms of time for the Acting Mayor, City Clerk and the Alderman. Thanks Ms. Heslop for increasing, on again, the cost of running local government for the Taxpayers with the frivolous challenge.
Elle M January 08, 2013 at 03:14 PM
Boo hoo Gerry F. The city attorney would be there anyway because it was a regular night for City Council. And, given the person running as the candidate is tight with the Mayor and his "gang", it is absolutely right that any deviation in the law be pointed out. Keep it up Ms. Heslop. It takes courage to fight the powers elle
Dick of York January 08, 2013 at 06:15 PM
What a waste of time and money. Chucky and Heslop weren't even smart enough to challenge Wagner's petitions correctly. Even if the issue of standing wasn't a show stopper, the Election Board would have kept Wagner on the ballot. All of the information was there...the Board's lawyer confirmed it. Just another dog and p(h)ony for the desperately seeking attention Heslop to be taken even less seriously, if that's possible. She can now concentrate her time on helping her special friend Chucky lose yet another election. As for Mulliner, at some point, he's going to have to make some tough decisions. Can't keep walking away from them because he can't be fair and impartial. Not very mayoral...at all.
Karen Chadra (Editor) January 08, 2013 at 10:34 PM
Comment by "Mayor Gutenkauf" was deleted for violating our terms of use. We will not tolerate the fraudulent use of citizens' or public officials' names.
B Rush January 08, 2013 at 11:08 PM
does anyone know if the hearing was on Elmhurst tv?
Steve January 08, 2013 at 11:39 PM
The hearing will not be televised but there was a court reporter as it was a legal proceeding.
Angry woman running for Mayor January 09, 2013 at 12:50 AM
As a fellow angry, scorned woman, I applaud Darlene and her failed attempts to uncover fraud wherever possible. Next time tell them to shut up as often as possible. On second thought, maybe get a new hobby because you are kind of embarrassing angry women everywhere. #shutupandvote
B Rush January 09, 2013 at 03:23 AM
Steve January 09, 2013 at 07:15 PM
@Angry woman - Stop trying to imply you are someone that you are not. If you want to hide behind a false "name" then do so but not trying to slander someone else. Since the Mayoral candidates have been announced you have started this nonsense.
Angry woman running for Mayor January 10, 2013 at 04:22 PM
shut up Steve
Steve January 11, 2013 at 05:51 PM
It is now obvious that "Angry Woman" is the same character as "Not Mayor Gutenkauf". A very mature and intelligent response back to me. The Patch should not allow any comments from your IP address to be posted to this site. This wouldnt stop you but it would make you go to the library to post these comments.


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