Dual Elected Duty Should be Challenged Before it Spreads Further

In the coming months, the City of Elmhurst and Elmhurst City Council face their greatest test of leadership—perhaps in the city's entire existence—because it has to do with basic liberty protection.

The issue is simple, and its importance cannot be overstated: One person should hold only one elected office at a time.

The illustration is easy: The president can’t hold a Senate seat. A governor can’t simultaneously be a member of a state assembly. The mayor of Chicago can’t sit on the Cook County Board. And the mayor of Elmhurst cannot legally hold the office of mayor and sit on the DuPage County Board at the same time. 

If a person can hold two elected offices, why not three? Four? What protects us from that? One office at a time, that’s what, and protecting that principle.  

The fundamental foundation of our government systems rest on the voluntary relinquishing and transfer of power, either in the loss of an election or victory in another. If another office is gained through successful election, the first office is forfeited automatically, if not voluntarily submitted. 

This is the opinion of the DuPage County State’s Attorney Robert Berlin, published in January 2012. In reaction to the opinion, Mayor Pete DiCianni stated in published articles that he disagreed with this legal precedent and plans to retain the Elmhurst mayoral office if elected to the DuPage County Board.

This is his right as an American citizen to pursue. But now, Democratic Sen. Don Harmon of Oak Park has introduced legislation in the Illinois State Senate to modify the language of Senate Bill 3332, cited in the State’s Attorney’s opinion regarding the conflict of interest. It seems this is an attempt to preempt a challenge by the state’s attorney and others.  

We should not remain silent in this situation. If successful, we as a community will have helped change the most fundamental legal precedent for possibly all Illinois counties and cities, as well as its citizens and children, all in the name of flood money. 

It is our responsibility to protect this basic governmental structure, which prevents the consolidation of power, gives us a system of checks and balances and conflict-free representation in a defined constituency. 

I have respectfully requested as a citizen of Elmhurst that the City Council consider the following:

• a resolution in support State’s Attorney Robert Berlin’s January 2012 opinion 2012-01
• a resolution in opposition to State Sen. Don Harmon’s amendment efforts regarding the language of Senate Bill 3332
• a local ordinance defining that any sitting mayor of Elmhurst may basically hold one elected office at a time.

Elmhurst should not let this happen. It will not shine a positive light on our community. 

This is about the guaranteed, fundamental protection of liberty granted to all citizens, that one person holds one elected office at a time. Liberty needs to be protected at the local level or it can easily slip away.