Naperville Municipal Officers Electoral Board Hearing on Objection to Jaiswal's Nomination – December 5, 2024
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Naperville Municipal Officers Electoral Board Hearing on Objection to Jaiswal's Nomination – December 5, 2024
The Municipal Officers Electoral Board of Naperville convened on December 5, 2024, at 9:00 AM in the City Council Chambers to conduct a hearing on Case No. 24-01, McGuire et al. v. Jaiswal, an objection to the nomination petition of Nag Jaiswal for City Council. The board reviewed the results of a court-ordered record check of challenged signatures, ruled on procedural motions, and ultimately overruled the objection, preserving Jaiswal's place on the ballot.
Consent Calendar
- Approval of Minutes (November 13, 2024): The board unanimously (3-0) approved the minutes from the previous Electoral Board meeting on November 13, 2024. The board also signed and admitted the written findings of fact and decision from that meeting as Exhibit B9.
Public Comments & Testimony
- No public comments were made during this session.
Discussion Items
- Record Check Findings: Senior Assistant City Attorney Kristen Toberman presented the results of the signature record check conducted on November 20, 2024. She reviewed 102 challenged signatures against voter records from DuPage and Will Counties. Her findings: 64 challenges sustained, 37 overruled, and one reserved. After obtaining additional information from DuPage County, she sustained the reserved challenge, bringing the final tally to 65 sustained and 37 overruled.
- Objectors' Motion to Correct Record Review (Exhibit B14): The objectors filed a motion on November 26, 2024, at 4:40 PM, challenging some of Ms. Toberman's overruled challenges. The candidate argued that the motion was untimely under Board Rule 8, which required filing within 48 hours of the record check's completion (by 12:15 PM on November 22, 2024). The objectors claimed they attempted to email the motion on November 22 but it was not received. After debate, the board voted 2-1 to sustain the candidate's objection, striking the motion as untimely. (Mayor Worley and member Portner voted to sustain; member Kelly voted to overrule.)
- Candidate's Objection to Fraud Allegation: The objectors sought to raise a new argument that the high proportion of printed signatures on certain pages indicated fraud, citing the Cantor case. The candidate objected, arguing this was a new allegation not raised in the original petition and that no evidence of fraud was presented. After questioning Ms. Toberman, who stated she saw no indication of fraud, the board voted 3-0 to sustain the candidate's objection, preventing the fraud argument from being considered.
- Improper Attestation Issue: The objectors' petition also alleged that circulator affidavits on pages 7, 10, 15, and 19 were invalid because the “State of” line was left blank. The candidate argued that substantial compliance was achieved because the address included street, city, zip code, and county, and the circulator (the candidate) was easily identifiable. The board unanimously (3-0) overruled this objection, finding it a de minimis omission.
Key Outcomes
- Record Check Result: Of 102 challenged signatures, 65 were sustained and 37 overruled. Candidate Jaiswal submitted 414 signatures; 317 were required. After deducting 65 invalid signatures, 349 valid signatures remained, exceeding the threshold.
- Motion to Overrule Overall Objection: The board voted 3-0 to overrule the objection to Candidate Jaiswal's nomination petition on the basis that it did not contain the requisite number of signatures. Candidate Jaiswal will remain on the ballot.
- Adoption of Written Decision: The board unanimously approved and adopted a written decision overruling the objection, marked as Exhibit B16.
Meeting adjourned at 10:20 AM.
Meeting Transcript
Good morning. The municipal officers electoral board for the city of Naperville. This December 5th, 2024 is called to order. Pursuant to due notice and pursuant to the Illinois Election Code in Illinois State Law Call. Kelly. Here. Worley. Here. My name is Scott Worley. I'm mayor of the city of Naperville and Chair of the Naperville Electoral Board. This meeting of the municipal officers electoral board for the city of Naperville is being held in response to an objection filed against the nomination petition of Nag Joswall for the Office of City Council, case number 24-01. This meeting is being video and audio recorded and is being streamed online. Please keep that in mind while speaking. Second. We have a motion by member Kelly and a second by member Portner. All those in favor sign aye. All those opposed. I note for the record that on November 13th, 2024, the hearing was opened by the electoral board and the elect objection petition, the nomination petition, the call, appearances, candidates' motion to dismiss, objectors' record check request, candidates' record check request response were all admitted to the record as board exhibits. I note for the record that on November 13th, 2024, the electoral board one granted the candidates motion to strike and dismiss the objector's petition in part. Two, sustain the candidates' objection to a record check of additional signature objections filed after the November 4th, 2024 verified petition. Three, ordered a record check to determine the validity and sufficiency of the signatures identified by the objectors as deficient in their November 4th, 2024 verified objectors petition and designated senior assistant city attorney Kristen Toberman to conduct the record check and four continued the hearing to December 5, 2024 at 9 a.m. and hear council chambers at the city municipal center. A proposed findings of fact and decision memorializing those November 13th board actions has been prepared, and I'm circulating that for the board's review. So moved. Second. Roll call. Portner. Yes. Worley. Yes. Kelly. Hi. Motion passes three, zero. I'd ask the board to sign the three copies of the findings. We'll give a copy to the objectors, a copy to the candidate, and we'll retain a copy for the record that's been marked as a copy of the written decisions being marked as exhibit B9, and it's admitted and made part of the record. As I said, copies will be made available for the parties. An appearance has been filed on behalf of the objectors by attorney Jeffrey Jacobson. A copy of the appearance is hereby marked as exhibit B10. Any objection to its admission? None. Hearing no objection, B10 is admitted and made part of the record. At this time, I'd ask the parties to identify themselves, beginning with the objectors. Mr. Jacobson, could you these are very, very directional and uh beef. I didn't have my mic on, sorry. Yeah, pull it very close to yourself and then aim it to yourself because we we have people listening at home. There you go. Okay. Sorry. Could you could you read just restate that for the record?
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