Politics & Government
Judge Gives City More Time to Create Districts
A judge ruled Wednesday that the city of Naperville will not have to implement districts before the 2011 municipal election, despite a successful binding referendum this month.
Someday, will be divided into districts. But a county judge ruled it impossible Wednesday for that division to happen before the 2011 election.
DuPage County Circuit Judge Bonnie Wheaton ruled that the city doesn't have to make the changes for the April 2011 municipal election, even though a .
The change is impossible, "because the statutorily mandated time to file petitions expires before the 2010 referendum election results are certified," according to court documents.
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The referendum states that five geographical districts are to be in place by the time of the next election, according to documents on the city of Naperville's website.
As part of the change, elections for city council seats are to take place in each district, and another three council seats are to be chosen through an at-large election.
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But in the 18th Judicial Circuit Court the day after the election asking that the reorganization begin instead with the 2015 election. City Manager Doug Krieger also directed the legal action. Members of the Naperville City Council did not.
The claim was based on the idea that the referendum conflicts with state laws requiring candidates to have 90 days to solicit petitions for office. Petitions for the 2011 election must be returned to the city clerk between Nov. 15 and Nov. 22.
Wheaton ruled in the city's favor Wednesday, though the decision didn't include information on when the changes must be made. She did, however, allow 60 days for interested parties to appear and file responsive pleadings, according to a news release from the city of Naperville.
The Naperville Voter Education League — a citizen group that filed petitions to get the districts issue placed on the ballot — is requesting that the referendum be implemented in time for the 2013 general election.
But Wheaton said Wednesday that she would need to be briefed on the issue before a decision can be made, stated the city's news release.
The case will be in front of Wheaton again Feb. 2, 2011, for a status hearing.
Naperville Patch Reporter Ben Gross contributed to this report.
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