Gougis runs for school board but does he qualify?

Rick Gougis was placed on the board when Debbie Bielawski passed away last July.  Many residents cried foul, as he is a Roger crony who got the position even after much more qualified people stepped forward.

This year he has to run for an actual election, and win, to keep his seat.

His objection is being heard on Monday, January 2.  The objection states:

1. According to the 2011 Election Guide, “The top portion (heading) of the nominating petition pages which include information relative to the election, the candidate, the office and political party, as applicable, must be completed prior to the circulation of the petition sheet. Mr. Gougis has deliberately left off the portion that states (50 or more) signatures on the heading.  He has done this on all sheets, which void’s all the sheets leaving “0” required signatures.  This is less then the “50” needed to be on the ballot.

2.     The minimum number of votes to get on the ballot is “50”.  He does not meet the signature requirements for the below reasons:

a.     Some voters are not registered voters.

b.    Some names cannot be verified due to illegible address.

c.     Some signatures are invalid by means of “not their signature”, or “printed instead of signed”.

d.    A registered voter must sign the petition in his own person. He may not sign for someone else, such as another member of his or her own family. [10 ILCS 5/7-10, 10-4]The law states that “ No signature shall be valid or be counted in considering the validity or sufficiency of such petition unless the requirements of this Section are complied with”.Therefore, both signatures must be struck. (See sheet detail below.)

e.     A petition circulator must witness all signatures on each sheet he circulates and signs as circulator. [10 ILCS 5/7-10, 10-4] Therefore, if he allowed someone to write in multiple names, the validity of the affidavit is compromised.  See “f”.

f.     Under the same law it states [10 ILCS 5/7-10, 10-4]”At the bottom of each sheet of such petition shall be added a circulator's statement, signed by a person 18 years of age or older who is a citizen of the United States; stating the street address or rural route number, as the case may be, as well as the county, city, village or town, and state; certifying that the signatures on that sheet of the petition were signed in his or her presence; certifying that the signatures are genuine; and certifying that to the best of his knowledge and belief the persons so signing were at the time of signing the petition duly registered voters under Articles 4, 5 or 6 of the Code of the political subdivision or district for which the candidate or candidates shall be nominated, and certifying that their respective residences are correctly stated therein. Such statement shall be sworn to before some officer authorized to administer oaths in this State.”  Since the signature gatherer allowed persons to write in other voters names, this would void the oath that the signature gatherer made and void the entire sheet of signatures.

This would mean that pages 2, 4, 5, 10, 11would be completely struck from submission.

3.     Page 1, 2,3,7, and 8 of Mr. Gougis nominations clearly show he gathered signatures from visiting public property and Village employees.  IL law states(50 ILCS 135/10) (from Ch. 85, par. 7610)     Sec. 10. Political rights protected.
    (b) No employee of a unit of local government or school district may (i) use his or her official position of employment to coerce or inhibit others in the free exercise of their political rights or (ii) engage in political activities while at work or on duty.
(Source: P.A. 87‑385.)

(50 ILCS 135/5) (from Ch. 85, par. 7605)
    Sec. 5. Definition; political rights. "Political rights" include, without limitation, the following political activities: to petition, to make public speeches, to campaign for or against political candidates, to speak out on questions of public policy, to distribute political literature, to make campaign contributions, and to seek public office.
(Source: P.A. 87‑385.)

4.     Sheet 3 has no notary stamp.  This sheet needs to be struck

If following the laws of elections and state laws, sheets 1, 2, 3, 4, 5, 7, 8, 10, 11 would be struck from #2 and #3 reasons.  All would be struck for #1 reason.  Even if #1 is ignored, there are still only 23 valid signatures, falling short of the 50 to be placed on the ballot.  Because of the four stated reasons above, I believe that Mr. Gougis name should not be placed on the ballot.

If he cannot follow the laws, why is he running for an office?