IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT, COUNTY DIVISION - ELECTIONS WILLIAM CALLOWAY, Petitioner, ‘CHICAGO BOARD OF ELECTION COMMISSIONERS, election authority and the canvass authority forthe Chicago) ‘Municipal Runoff Election on April 2, 2019,) ‘And members, Commissioner & Chair, MARISEL A. HERNANDEZ, ‘Commissioner WILLIAM J. KRESSE, and ‘Commissioner JONATHAN T. SWAIN; LANCE GOUGH, in is capacity as Executive Director of the Chicago Board ‘of Election Commissioners, and ALDERMAN LESLIE HAIRSTON, candidate ) ) ) ) ) ) Respondents v RIFIED ELECTION CONTEST PETITION Petitioner, WILLIAM CALLOWAY ¢Calloway") through his attorney, Elizabeth A. omsy, hereby files his verified election contest petition, pursuant wo 65 ILCS 20/21-27 and Article 23 ofthe Hlinois Eleetion Code, contesting the results ofthe Chicago Munivipal Supplementary (Runof}) Election held on April 2, 2019 for the office of alderman ofthe ‘Ward in Chicago as follows. JURISDICTION & VENUE 1. This Court has jurisdiction over this matter pursuant to Setion 20/21-27 ofthe Revised Cities and Villages Act of 1941 (65 ILCS 20/21-27)2. Section 20/21-27 of the Revised Cities and Villages Act of 1941 (65 ILCS 20/21- 227) mandates that any action to contest the results of a Chicago aldermanic election must be filed within 5 days of the date ofthe contested election, despite the fact thatthe Respondent Board of | Election continues tabulating provisional and absentee ballots and the election returns will not be final until the issuance of a final Proclamation of Results on or about April 23, 2019. 3. This election contest is filed within five days of the April 22019 Chicago Municipal Runoff Election and prior to the Respondent, the Board of Election Commissioners, cettification and proclamation of the result ofthe election for alderman of the 5®* Ward in Chicago, and is based upon information availabe as ofthe date ofthe filing, and without the benefit ofa petition for discovery ora recount. Necessarily, in the situation presented herein, where 65 ILCS 20/21-27 requires an election contest petition to be filed within five days ofthe clection, the partes must plead with generalities subject to later amendment after further discovery or a court-ordered recount. See Evans v. Preckwinkle, 259 IL App.3d 187, 636 NE2d 730 (1* Dist. 1994), 4. Asa result, Petitioner will file an Amended Complaint after completion ofthe tabulation of retums, the issuance ofa final proclamation, and after the conduct of a discovery recount as permitted by Section 22-9.1 of the Illinois Election Code, 10 ILCS 5/22-9.1 5. Venue is proper in this Court pursuant to 735 ILCE $/2-101 because all parties reside in Cook County and the Municipal Supplementary (Runoft) Election being disputed is entirely within Cook County PARTIES 6. Petitioner, William Calloway, isa candidate whose name appeared on the ballot forthe office of Alderman of the S® Ward of the City of Chicago, Illinois atthe April 2,2019Municipal Supplementary (Runoff) Election and who contests the election results issued by the Respondent Board of Election Commissioners indicating Respondent Leslie Hairston appears, on the face ofthe returns, to have een elected from the 5* Ward, Petitioner is also a duly qualified lector ofthe $* Ward of Chicago who voted inthe April 2,2019 Municipal Supplementary (Runoff) Election, and who, asset forth more fully and specifically below, in good fith and based on reasonable inguy continues to allege that mistakes, errs, aud, and/or illegal acts hhve been committed in the casting and counting of ballots forthe offiee of Alderman ofthe * Ward ofthe City of Chicago. 7. Respondent, Alderman Leslie Hairston, isthe otber candidate whose name appeared on the ballot for eletion to the office of Alderman ofthe S* Ward of Chicago whose name appeared on the ballot fr the office of Alderman ofthe ofthe $* Ward ofthe City of| (Chicago atthe April2, 2019 Municipal Supplementary (Runo) Election 8 Respondent, Chicago Board of Election Commissioners (“Board”), is the election authority that conducted the Municipal Supplementary (Runoff) Election on April 2, 2019, and ‘et a the canvassing board that will conduct the official count ofthe ballots, and proclaim the final results ofthe election forthe office of Alderman of the 5® Ward ofthe City of Chicago. ‘The Board will conclude its official count and issue a proclamation declaring a winner ofthe election 9. Respondents Marisel A. Hernandez, Commissioner Wiliam J. Kress, and ‘Commissioner Jonathan T. Swain, ae each Commissioners and members of the Board, and are ‘named in their official capacities as Commi ers of the Board; Respondent Lance Gough is Executive rector for the Board and is responsible for overseeing administration of elections in Chicago.