Democrat Barred From York Township Ballot

ELMHURST, IL – Local Democrats are challenging the York Township clerk's decision to deny ballot access for the party's candidate for township supervisor.

In a lawsuit filed this week, the Democrats accused the township's Republican clerk, Tony Cuzzone, of falsely asserting that the resolution nominating Timothy Murray was not filed within the required timeframe.

The township includes Elmhurst south of North Avenue.

In an interview Friday, Cuzzone said he is following the advice of the township's law firm, Chicago-based Robbins Schwartz.

"I'm not an attorney," he said. "It's in litigation. We don't comment on it."

In a news release, the DuPage County Democratic Party said no one filed an objection to Democrat Timothy Murray's candidacy for supervisor. The battle, the party said, would leave York Township taxpayers responsible for legal fees.

The Democrats are seeking a preliminary injunction to have Murray's name printed on the April 1 ballot, pending resolution of the dispute.

"It should offend every citizen that York Township’s GOP incumbents would force taxpayers to foot the bill for their blatantly partisan scheme," Reid McCollum, the chairman of the DuPage County Democratic Party, said in the news release.

On Dec. 3, the York Township Democratic Party held a caucus in which it nominated Casey Caballero for supervisor. But Caballero later withdrew.

On Jan. 8, the party selected Murray and informed the township clerk five days later. On Jan. 23, Cuzzone decided against certifying the candidacy, the Democrats said.

According to the lawsuit, Cuzzone rejected the request because there was purportedly no legal authority to fill the vacancy in nomination, the resolution was not filed within three days of the committee meeting and the candidate used the wrong nomination form.

The county's Democratic Party said the clerk's argument is wrong. It also said Illinois courts have long favored competitive elections and ballot access.

In this case, it is even more important for the Democrats to put up a candidate because Republican incumbent John Valle has no opponent, the lawsuit said.

The candidate's name must be certified for the ballot by Feb. 14.