BEFORE THE MUNICIPAL OFFICERS ELECTORAL BOARD OF THE VILLAGE OF MAYWOOD, COUNTY OF COOK, STATE OF ILLINOIS, a = KEITH MOORE, ) S 2s Petitioner-Objector ) SB BR v. ) Case No. ae ) er ieiaee LUTHER F. SPENCE, PF cece eee Respondent-Candidate ) @ RS \ 5 Be) VERIFIED OBJECTORS’ PETITION a ‘TO NOMINATION PAPERS FOR THE OFFICE OF VILLAGE PRESIDENT (A/K/A MAYOR) OF THE VILLAGE OF MAYWOOD FOR THE APRIL 4, 2017 ELECTION INTRODUCTION Keith Moore, hereinafter sometimes referred to as the Objector, states as follows: 1 The Objector resides at 1647 South 14" Avenue in the Village of Maywood, Zip Code 60153, County of Cook, State of Illinois, and is a duly qualified, legal, and registered voter at that address, 2. The Objector’s interest in filing this Petition is that of a voter desirous that the laws governing the filing of nomination papers for the office of Village President (also known as Mayor) of the Village of Maywood are properly complied with and that only qualified candidates appear on the ballot for said office. OBJECTIONS 3. The Objector makes the following objections to the purported “Nonpartisan” nomination papers (“Nomination Papers”) of Luther F. Spence (“Candidate”) for the office of Village President (also known as Mayor) of the Village of Maywood (“Office”) to be voted for at the Consolidated Election on April 4, 2017 (“Election”). The Objector states that the Nomination Papers are insufficient in fact and law for the following reasons: 4. The Nomination Papers are legally and factually insufficient and invalid in their entirety because both the Statement of Candidacy and each Petition sheet state that the Candidate is running as a “Nonpartisan” candidate. According the relevant Election Code, Village of Maywood municipal elections are not Nonpartisan, but rather are Partisan, and each candidate must run as either a candidate of an Established Political Party, a New Political Party or as an Independent. By circulating “Nonpartisan” petitions, the Candidate misled and confused voters who signed his petition sheets. Additionally, by filing a “Nonpartisan” Statement of Candidacy and petition sheets, he has failed to inform the relevant election authorities whether he is filing as a candidate of an Established Political Party, a New Political Party, or an Independent and therefore they do not know how to list him on the ballot. Nowhere in his Nomination Papers does that candidate give any indication of which of the three allowed types of Candidacy he is pursuing. Therefore, his entire Nomination Papers are invalid and must be stricken in their entirety.5. While the Blection Code applicable to the Village of Maywood does not allow for Nonpartisan candidate petitions, it does allow for three other forms of petitions — Established Political Party, New Political Party, and Independent. Even if we assumed that the Candidate intended to submit one of these three valid forms of petition, his Nomination Papers would be legally and factually insufficient and therefore invalid. 6 Assuming that Candidate intended to file an Established Political Party Petition instead of a “Nonpartisan” petition, his Nomination Papers would still be legally and factually insufficient. The Ilinois Election Code requires that Established Political Party Petitions be filed not more than 99 days nor less than 92 days prior to the February 28, 2017 Consolidated Primary. [10 ILCS 5/7-12G)]. ‘Therefore, the final day to file an Established Political Party Petition was November 28, 2016. The Candidate filed his petition on December 13, 2016, and therefore would be invalid as an Established Party Petition due to lateness (additionally Candidate did not include the name of any Established Political Party in his Nomination Papers, which also renders them invalid as Established Political Party Petitions). 7. Assuming that Candidate intended to file a New Political Party Petition instead of a “Nonpartisan” petition, his Nomination Papers would still be legally and factually insutficient. ‘The Illinois Election Code requires New Political Party petitions to contain a complete slate of candidates for the Village of Maywood to be elected at the April 4, 2017 Consolidated Election. [10 ILCS 5/10-2]. A complete slate would therefore be required to include candidates for Village President, Village Clerk, and Three Village Trustee positions. The Candidate's Nomination Papers are only for the Office of Village President, also known as Mayor, and therefore are not legally sufficient New Political Party Petitions. Additionally, the Candidate had failed to name any such New Political Party, which is required under the Illinois Election Code. 8 Assuming that Candidate intended to file an Independent candidate petition instead of a “Nonpartisan” petition, his Nomination Papers would still be legally and factually insufficient due to their containing an insufficient amount of legally valid signatures, as explained below. 9. Pursuant to State Law, nomination papers for the Office to be voted for at the Election for an Independent Candidate must contain the signatures of not less than 5% and no more than 8% of the number of persons who voted at the last regular election in the Village of ‘Maywood in which the Village of Maywood voted as a unit for the election of officers to serve its respective territorial area. (10 ILCS 5/10-3}. 10, According to the Cook County Clerk, 2,469 persons voted in the Maywood Village Trustee election held on April 7, 2015, the last such regular election (Exhibit A). 5% of 2,469 is 123.45 and 8% of 2,469 is 197.52. Therefore, an Independent Candidate for the Office to be voted for at the Election must submit at least 124 signatures of duly qualified, registered, and legal voters to qualify for the ballot. ‘The maximum amount of signatures allowed under linois. The maximum amount of allowable signatures is 197.11. ‘The Candidate has submitted more than the maximum number of signatures, and therefore all signatures after the 197" are to be completely disregarded for determining whether the candidate has met the minimum signature threshold. Following the method approved by the Ilinois Appellate Court in Wilson v. Mun, Officers Electoral Bd. for the City of Calumet City, no signatures after the maximum number shall be counted or used for any purpose. 991 N.E.2d 823, 827-828 (IIL. App. 1* Dist. 2013). Candidate must have at least 124 valid signatures out of the first 197 he has submitted to meet the signature requirement for the Office. 12. Applying the Wilson precedent, the maximum number of signatures is determined by starting from the first signature on the first petition sheet and counting to 197. The 197 signature is the 9" Signature on the 14" sheet. ‘Therefore, the remaining 6 signatures on the 14" sheet and sheets 15-25 are to be disregarded. ‘The attached Appendix-Recapitulation sets forth objections to the remaining 197 signatures on sheets 1-14, which result in the Candidate having fewer than the minimum 124 signatures for the Office. 13, The Nomination Papers contain petition sheets with the names of persons who are not registered voters, or who are not registered voters at the address shown opposite their respective names, as is set forth specifically in the Appendix-Recapitulation, attached hereto and incorporated herein, under the column designated with the heading “a. Signer not registered at address shown,” in violation of the Illinois Election Code. 14, The Nomination Papers contain petition sheets with the names of persons who did not sign the papers in their own proper persons, and such signatures are not genuine and are forgeries, as is set forth specifically in the Appendix-Recapitulation attached hereto and incorporated hercin under the column designated with the heading “b. Signer’s signature not genuine,” in violation of the Illinois Election Code. 15, The Nomination Papers contain petition sheets with the names of persons for who the addresses given are either missing entirely or incomplete, as is set forth specifically in the Appendix-Recapitulation attached hereto and incorporated herein, under the column designated with the heading "d. Signer’s address missing or incomplete," in violation of the Illinois Election Code. (NOTE: due to mistake, there is no column ¢ in the Appendix-Recapitulation), 16. ‘The Nomination Papers contain petition sheets with the names of persons who have signed the Nomination Papers more than one time as is set forth specifically in the Appendix- Recapitulation attached hereto and incorporated herein, under the column designated with the heading “e. Signer signed petition more than once at Sheet/Line indicated”, in violation of the Illinois Election Code. 17, The Nomination Papers contain less than 124 validly collected signatures of qualified and duly registered legal voters of the Village of Maywood, County of Cook, State of Miinois, signed by such voters in their own proper person with proper addresses, below the number required by Illinois law, as is set forth by the objections recorded in this petition including the Appendix-Recapitulation attached hereto and incorporated herein. 18. ‘The Appendix-Recapitulation is incorporated herein, and the objections made therein are a part of this Objector's Petition.WHEREFORE, the Objector requests: a) a hearing on the objections set forth herein; +b) an examination by the aforesaid Electoral Board of the official records relating to voters in the Village of Maywood, County of Cook, State of Illinois, to the extent that such examination is pertinent to any of the matters alleged herein; _c) a ruling that the Nomination Papers are insufficient in law and fact, and d) a ruling that the name of LUTHER F. SPENCE shall not appear and shall not be printed on the ballot for election to the office of Village Presiden Mayor of the Village of Maywood, County of Cook, State of Illinois, to be voted for at the Consolidated Election to be held on April 4, 2017. Keith Méore OBJECTOR 1647 South 14" Avenue Maywood, IL 60153 Pericles C. Abbasi, Esq. Attomey for Objector ‘6800 West Armitage Avenue Chicago, Ilinois 60707 Phone: (773) 368-5423 Fax: (773) 309-8884 Per Cook County Atty No. 57518STATE OF ILLINOIS) )ss. COUNTY OF COOK) VERIFICATION I, Keith Moore, pursuant to Section 1-109 of the Illinois Code of Civil Procedure, state that 1 have read the above and foregoing VERIFIED OBJECTOR’S PETITION, and that the matters and facts contained therein are true and correct to the best of my knowledge and belief. Lio Keiti? bo! OBJECTOR 1647 South 14” Avenue Maywood, IL 60153APPENDIX-RECAPITULATION OBJECTION TO NOMINATION PAPERS OF LUTHER F. SPENCE FOR THE OFFICE OF VILLAGE PRESIDENT (ALSO KNOWN AS MAYOR) OF THE VILLAGE OF MAYWOODAPPENDI. ‘APITULATION Office “Sheet Number _ LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR | OF THE VILLAGE OF MAYWOOD An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection | a Signernot |b. Signer’s | d. Sig e. igned Petition more ~ | registered at | signature _| address missing | than once at Sheet/Line LINE # address shown | not genuine _| or incomplete indicated 1 ai 2 XK i 13 4 aa inne 5 7 | | I \o Sh tbS RX KK SDK KK x DX) ><) Vora wel oe Viana T | | | XK Xx KA XK <<| LUTHER F. SPENt eo ILLAGE PRESIDENT A/K/A MAYOR |__ OF THE VILLAGE OF MAYWOOD, RECAPITULATION fice An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not registered at address shown . Signer’s| signature not genuine @. Signer's | address missing or incomplete ‘e. Signer signed Petition more than once at Sheev/Line indicated XK |X X IXIK XK |X X)X/XCandidate LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR OF THE VILLAGE OF MAYWOOD. An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection [a. Signernot |b. Signer’s [d. Signers ©. Signer signed Petition more | registered at | signature | address missing | than once at Sheet/Line | address shown | not genuine | or incomplete _ | indicated e Ol COIN Mi Biwi Ny | AIK DK KK occ] <<Candidate Sheet Numt LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR OF THE VILLAGE OF MAYWOOD ‘An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection | a. Signer not | b. Signer’s | d. Signer’s . Signer signed Petition more registered at | signature | address missing | than once at Sheet/Line address shown | not genuine _| or incomplete _| indicated ] 5S Zz a oloolnialulaAlolp—APPENDIX-RECAPITULATION Candidate Sheet Number LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR gS OF THE VILLAGE OF MAYWOOD = An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not | 6. Signer’s | d. Signer’s e. Signer signed Petition more | sve | registered at | signature | address missing | than once at Sheev/Line LINE # _| address shown | not genuine | or incomplete | indicated x wlraianin Alois soAPPENDIX-RECAPITULATIO! Candidate ia Office Sheet Number LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR | 6 OF THE VILLAGE OF MAYWOOD ‘An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not | b. Signer’s ja. igner’s |e. Signer signed Petition more —-—— | registered at | signature _| address missing | than once at Sheet/Line LINE # | address shown | not genuine | or incomplete _| indicated wClooirialmlp]olrleCandidate __ Office LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR | a OF THE VILLAGE OF MAYWoop _| An x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not | b. Signer’s | d. Signer’s e. Signer signed Petition more — | registered at | signature | address missing | than once at Sheev/Line LINE #_| address shown | not genuine | or incomplete __| indicated vololalalalayoly—Sheet Number OF THE VILLAGE OF MAYWOOD. LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR B An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection | a. Signernot |b. Signer’s | d. Signer’s e. Signer signed Petition more ~~~ | registered at | signature | address missing | than once at Sheet/Line LINE # _| address shown | not genuine | or incomplete | indicated LX X1A XK | xX xX) |x|!APPENDIX-RECAPITULATIO! = Sheet Number Candidate LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR 4 OF THE VILLAGE OF MAYWOOD An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “xx” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part igner signed Petition more | address missing | than once at Sheet/Line or incomplete _| indicated ‘Objection | a. Signer not | b. Signer’s - | registered at | signature LINE # _| address shown | not genuine [aeAPPENDIX-RECAPITULATION Candidate LUTHER F. SPENCE “Offi VILLAGE PRESIDENT A/K/A MAYOR OF THE VILLAGE OF MAYWOOD. Sheet Number | 10 ‘An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not] b. Signer’s | d. Signer’s e. Signer signed Petition more | ss | registered at | signature | address missing | than once at Sheet/Line LINE # _| address shown | not genuine_| or incomplete _| indicated 1 T KK XPK PRIX OK DCE | oe) KXCandidate “Sheet Number LUTHER F. SPENCE VILLAGE PRESIDENT A/K/A MAYOR OF THE VILLAGE OF MAYWOOD | An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection | a. Signer not registered at address shown zZ . Signer’s signature ‘not genuine & Signer’s address missing | or incomplete . Signer signed Petition more than once at Sheet/Line | indicated oloolalalul atolls]APPENDIX-RECAPITULATIO) Candidate Office ‘Sheet Number LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR \ on OF THE VILLAGE OF MAYWOOD ‘An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “%” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part ‘Objection | a. Signer not | b. Signer’s | d.Signer’s | e. Signer signed Petition more | - registered at | signature | address missing | than once at Sheet/Line | LINE # __| address shown | not genuine _| or incomplete _| indicated x iw BAIA Hin IX IXIA AXE ALX [><Candidate ___ Sheet Number iR 2 An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” appears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part LUTHER F. SPENCE | VILLAGE PRESIDENT A/K/A MAYOR OF THE VILLAGE OF MAYWOOD Objection | a. Signer not | b. Signer's | d. Signer’s registered at | signature | address missing | than once at Sheet/Line address shown_| not genuine | or incomplete _| indicated XXX > oe x” xXx’ X)XX] XX X|X (12 x 13 x 14 | xX 15 Aw Ks k Dew B SO Great 1 Lin] anananaraparanesAPPENDIX-RECAPITULATION Candidate — Office Sheet Number LUTHER F. SPENCE VILLAGE PRESIDE! OF THE VILLAGE OF MAYWOOD: /KJA MAYOR Mt An “x” indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the “x” apy pears, in accordance with the Verified Objector’s Petition, of which this Appendix-Recapitulation is made a part Objection | 8. Signer not “b. Signer’s | d. Signer’s ~ |e. Signer signed Petition more sre | registered at | signature | address missing | than once at Shect. LINE # _| address shown | not genuine | or incomplete _| indicated ia | | XX 0] 00 /ralatulayolo l= x =< XK % X AEX DX %& x x a xEXHIBIT A ELECTION RESULTS OF THE APRIL 7, 2015 CONSOLIDATED ELECTION FOR THE OFFICE OF TRUSTEE OF THE VILLAGE OF MAYWOOD SOURCE: COOK COUNTY CLERK.serrm6 resdts 416 cockeounyclerk.com/Detalaspxd=407 tSteid=1208ulor= wp ‘Suburban Cook County Election Results April 07, 2015 Consolidated General Election Trustee, Village of Maywood Township & Precinct Results “Trustee, Village of Maywood 17 of 17 Precincts Reported BAR mh bor oo a ide eae nesta en fee tara Reve yea Unt Pty) ee fechas rctaioac ase Pa tom tas Cn eae he Peat nce an) om as iced srcnss meena ae ty ean eect) rae eal ea ss aoe aan Be Sanne Rater Venere) oa Township Route Precinct Reouts 5 rE 9 gy Foe oe ee, ae Hu yee t ; ee ee Voters cot 28g S28 if ie 3 boos vows ee di PG aE g Fe Fos ahs ea we a laa ae ae pees ee suet eel etvan eet alles tio el ul atl se peheka CAT URE Fe TT Ew fe aT ne ae ee ee fee ow Fs ios ee ie Swe a te te ae en ab ae wes ese a fee Be ae ee ‘ae fee ele iu tama a uias weal tae) preva 2 sre a a a jaw ae ae eae SS ee ee ests 00h an 6b aa aw a0 WS we ae ae ae tates a dae cite ea Raia eS a ee ae ee ee ioe ce aul ccie ae era tala nal iis Prowse Township ae 14219. 2469 £96 807 903.1026. 855.795 261 384 Bez 276 402 6.987