Cairo Association of Teachers - Newsletter

CAT Tracks for January 18, 2007 CAIRO PRIMARY BALLOT LAWSUIT

From the January 18th Cairo Citizen...

Matthew sues city of Cairo election board for chance to remain on ballot

Phillip Matthews, who was removed from the city of Cairo ballot Jan. 5 by a three person municipal election board, has filed a lawsuit against the board for a chance to remain on the ballot.

Matthews, who is seeking a council seat in Ward 2, filed a complaint for Judicial Review in Alexander County Circuit Court.

In his complaint, Matthews states that in accordinace with 10 ILCS 5/7-12.1, 10-8; "certificate of nomination and nomination papers...being filed as required by this code, and being in apparent conformity with the provisions of this act shall be deemed valid unless objections thereto is duly made in writing within five business days after the last day for filing the certificate of nomination or nomination papers..."

Matthew alleges the objection to his candidacy, filed by candidate Thomas Simpson, were filed more than five days after the last day for filing the certificate of nomination papers in violation of 10 ILCS 5/10-8.

He also alleges "that said service was invalid as it was not served within 24 hours after the objector’s filing of his petition in violation of 10 ILCS 5/10-10 which states in pertinent part ‘within 24 hours after the receipt of the certificate of nomination or nomination papers...the chairman of the Electoral Board other than the State Board of Elections, shall send a call by registered or certified mail to each of the members of the Electoral Board and to the objector who filed the objector’s petition, and either to the candidate whose certificate of nomination or nomination papers are objected to or to the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petition are objected to...’"

Matthew states in his complaint that the electoral board meeting, held Jan. 5, was also invalid as it "violates section 5/10-10 of the Election Code which states in pertinent part, ‘the day of the meeting shall not be less than 3 nor more than 5 days after the receipt of the certificate of nomination or nomination papers and the objector’s petition by the chairman of the Electoral Board.’"

An initial hearing is scheduled at the Alexander County Courthouse 9 a.m. Jan. 24.