Mendoza Mix-Up: Evanston Law Department Serves Wrong Candidate

EVANSTON, IL — The Evanston Electoral Board voted to continue until Thursday its hearing into all six objections seeking to keep five candidates off the ballot ahead of April's municipal elections.

Candidates Eric Young and Rebeca Mendoza face challenges alleging they failed to bind together the signature sheets in their nominating petitions. Courts have found a failure to securely bind and number petitions invalidates them.

At Monday's remotely conducted hearing, both candidates contended they were unable to properly prepare for the hearing because the city had failed to properly provide notice.

Young, the former president of the Main-Dempster Mile Association and managing partner of the restaurant La Principal, is seeking to get on the ballot to challenge incumbent 3rd Ward Ald. Melissa Wynne. He said he had only been informed of the meeting through an email the evening before from city attorney Kelley Gandurski.

Gandurski, appointed as attorney for the three-member quasi-judicial board at the start of the hearing, pointed out the agenda had been posted on the city's website since Friday.

"The sheriff has made due diligence in attempting to serve everybody. If the sheriff couldn't serve you for whatever reason — I don't know what that reason would be — but notice has been posted," Gandurski told Young.

"These hearings are on a short statutory timeline for a reason. You had an opportunity to review it when I sent you the agenda yesterday," she said. "So I'm going to advise the board that we proceed today unless the board agrees to a continuance."

As Evanston Patch reported Friday, Young's petitions faced two objections, both of which pointed to the lack of bindings as disqualifying. The objections were also posted on the city clerk's website within minutes of being filed.

Young's attorney, David Dale, said the Illinois Election Code required his client to be served notice through certified mail or the sheriff's office.

“I understand we're operating under an expedited schedule, but that doesn't mean that we waive the obligations to provide process to our petitioners,” Dale said.

Gandurski was asked to explain the city's service obligations by Mayor Steve Hagerty, who serves on the Electoral Board with Ann Rainey, the board's longest-serving alderman, and City Clerk Devon Reid.

"The state statute requires that the city only make its best efforts to attempt to serve," Gandurski said. "We sent everything to the sheriff's office. We sent everything by certified mail. If service was not effectuated, that's not on a default of the city or a lack of effort on the city."

The board voted to continue the hearing into the objections to Young's petitions after he agreed to drop his due process objection.

RELATED: Objections To Candidates Set For Evanston Electoral Board Hearing

Rebeca Mendoza, who is seeking to get on the ballot to run for 5th Ward alderman, said she was also never served.

"If possible, I would like to know where the sheriff attempted to deliver the paperwork, because, again, I have not left my house in the [12 days] that I've been in quarantine," Mendoza said.

An address check revealed the law department had attempted to serve a different candidate who shared the same last name.

"There's another candidate running named Stephanie Mendoza and it sounded like the papers were served to Stephanie Mendoza, not Rebeca Mendoza," Hagerty said. "Which is a problem."

"That's a problem," Rainey said.

"That indeed is a problem," Gandurski said. "This is an error by the sheriff's office."

Gandurski did not immediately confirm whether the error was triggered by the law department providing the wrong Mendoza's name or address to the sheriff's office.

RELATED: Evanston City Council Candidates File Paperwork For 2021 Election

Shelley Carrillo, of the 8th Ward, who faced an objection for not specifying which ward she was seeking to represent, responded by filing a motion to dismiss the challenge.

Carrillo said the objectors' were not registered voters in the 8th Ward, that she was served with an incomplete and invalid version of their objection, and that the fact she included her address on Callan Avenue and "alderman" was sufficient to specify for which office she was running.

According to her motion, Carrillo also collected 25 notarized affidavits from 8th Ward residents attesting they were not confused as to which office she sought.

Only people within a given district, in this case a ward, may sign or object to nominating petitions. Carrillo's petitions appear to include addresses located in at least two wards, although the objection to them does not mention it.

The other objections include questions about the validity of signatures collected by former 7th Ward Ald. Jane Grover's campaign for city clerk and the sufficiency of incumbent 7th Ward Ald. Eleanor Revelle's statement of candidacy.

The Evanston Municipal Officer Electoral Board hearing is due to continue Thursday at 9 a.m. over video teleconferencing software.

Watch: Complete Dec. 7 Evanston Electoral Board Hearing »