Two Democratic candidates for township offices and an Aurora aldermanic candidate hope to be reinstated to the April 1 ballot after their names were removed for failing to pay or appeal fines owed to the Illinois State Board of Elections by a Jan. 23 deadline.
Candidates Kevin “Kollins” Hedemark, who was running for Lockport Township highway commissioner, and Cesar Guerrero, who was running for Joliet Township supervisor, said their township’s Democratic precinct committee persons voted this week to nominate them to fill vacancies created when they were removed from the ballot for being in violation of the Illinois Campaign Disclosure Act.
Both candidates filed paperwork with their respective township offices to get back on the ballot, however it may be up to a Will County judge to reinstate them. Neither township clerk returned messages from the Southtown inquiring about their status.
Last month, the Illinois State Board of Elections sent all counties a forfeiture of ballot list indicating all candidates with outstanding fines. Under state law, candidates who have not paid their fines by the certification date for the consolidated election can appear on the ballot. The certification date was Jan. 23.
Because the fines were not paid by the deadline, Will County Clerk Annette Parker, with direction from the Will County state’s attorney’s office, removed Hedemark, Guerrero and two other candidates.
In a statement released Tuesday, Parker said the decision was reached with both the Will County state’s attorney’s office and guidance provided by the state board of elections, and the county clerk has “no discretion in this matter.”
Guerrero, who owed $6,550 in fines dating back to at least July 2023, paid his fine Jan. 29, six days after the Jan. 23 deadline, said Matt Dietrich, spokesman for the Illinois State Board of Elections.
Hedemark owed $100 for two late reports in 2022, which were paid Jan. 30, Dietrich said.
The two candidates said in a news release they are preparing to run for office in the spring.
Jack Londrigan, a consultant for their campaigns, said the candidates paid their fines with the state, are no longer on the ballot forfeiture lists and are filling vacancies on the ballot as allowed by the state statues. He cited a state law that says any vacancy occurring after certification but before 15 days of an election can be filled within eight days.
The candidates were notified Jan. 29 they were removed from the ballot, the news release said.
Londrigan said the candidates have no reason to believe they won’t be on the ballot in the spring.
Parker, however, said they are not on the ballot based on the advice of the state’s attorney’s office. The vacancies on the ballot were created on the certification date of Jan. 23 and the eight-day deadline has passed, she said Thursday.
Giovanni Santana, who was running for the Ward 9 alderman in Aurora, was also dropped from the ballot after his name appeared on the ballot forfeiture list. He said in a statement this stems from a misunderstanding with the state board of elections disclosure office and has been in contact with them since last week when he learned about the problem.
Santana said he is working to resolve the issue but is planning to continue his candidacy.
The state board of elections said the Santana committee still owes $11,075 for failure to timely file required reports, according to a letter from July 23, 2021.
Dietrich said any ballot disputes would likely have to go to court.
He said the state’s involvement was finalized once the board provided the forfeiture of ballot list to the counties’ local election authorities.
State election law is clear that candidates who have not paid their outstanding fines by the certification date are not allowed on the ballot, and nothing in the state statues carves out an exception to being reinstated to the ballot once fines are paid, Dietrich said.
The ballot forfeiture law also doesn’t allow for other types of candidates such as those who are filling vacancies in nomination, Dietrich said.
“It says ‘any candidate,’” which is the language Will County is using in not allowing them on the ballot,” he said. “It’s also clear about the deadline for paying the fines being the date of certification, which was Jan. 23.”
Incumbent Joliet Township Supervisor Alicia Morales, a Democrat, has filed as a write-in candidate, according to the county clerk’s website. The last day candidates could file their intent to run as write-in candidates was Jan. 30.
Michelle Mullins is a freelance reporter.