An Aurora Electoral Board Monday said the failure to file a proper economic interest statement was enough to force Karina Garcia off the ballot for mayor in 2025.
The board said Garcia, the CEO of the Aurora Regional Hispanic Chamber of Commerce, failed to file an economic interest statement that said she was specifically filing to run for mayor of Aurora.
Instead, her statement listed her current position as CEO of the Aurora Regional Hispanic Chamber of Commerce.
“This statute seems strict, but it is strict for a purpose,” said attorney Ross Secler, who serves as advisor to the Electoral Board for Aurora. “We require people to comply with these basic things in order to be considered a candidate.”
In two other cases before the Electoral Board, the board overruled objections to nominating petitions for mayoral candidates John Laesch, currently an alderman at-large for Aurora, and Jazmine Garcia. Both will be on the ballot.
That means as it stands now, there would be five candidates for Aurora mayor, which means there would be a primary for mayor on Feb. 25, 2025. The general election is April 1, 2025.
The candidates are Mayor Richard Irvin, the incumbent; Ald. Ted Mesiacos, 3rd Ward; Judd Lofchie; Laesch; and Jazmine Garcia.
While the Electoral Board ruled Karina Garcia off the ballot, she can appeal the ruling to the circuit court. That is the appeal process for any of the Electoral Board rulings.
The city Electoral Board is made up of City Clerk Jennifer Stallings; Ald. Michael Saville, 6th Ward, the alderman with the most seniority; and Ald. Juany Garza, 2nd Ward, the alderman with the second most seniority. Normally, the mayor would be the board chair, but because Irvin is a candidate for reelection, he recused himself and Garza served in his stead.
In making their rulings Monday, the board dismissed an objection that was common to all three candidates, Laesch, Karina Garcia and Jazmine Garcia.
That objection was that they each circulated each other’s petitions. The objector said that was an indication that some of the candidates were “sham candidates,” designed to get on the ballot strictly to force a primary.
The objector also said by collecting signatures for each other, they were a “de facto political party,” not allowed in non-partisan elections.
The candidates responded that they were independent candidates and that there is nothing in state election law prohibiting independent candidates from circulating each other’s petitions.
In the end, Secler agreed with that assessment.
“While the Electoral Board may not condone the candidate’s action, it is my opinion and my recommendation that the Electoral Board cannot grant the relief requested by the objector’s petition,” Secler said.
The board voted 3-0 to overrule the objection based on the circulation of the petitions in Laesch’s case. Because that was the only objection to Laesch’s petitions, he stayed on the ballot.
The board also adopted that same position for Karina and Jazmine Garcia, too, overruling that objection to their petitions.
But the other objections to their petitions stayed, and the board did rule Karina Garcia off the ballot, based on the economic interest statement situation.
Keri-Lyn Krafthefer, attorney for Karina Garcia, asked to introduce new evidence Monday in support of her position that Karina’s actions kept the spirit of the law. She intended to bring three witnesses that would indicate her original economic interest statement filing would have been enough to satisfy election law.
“I don’t believe it’s a legal issue, but a factual issue,” she said.
John Fogarty, attorney for the objector, told the board it was a legal issue “that can be decided on the facts that are in your possession.” He called the new evidence irrelevant to the fact that Karina Garcia did not file the correct economic interest statement.
The board agreed.
“I personally don’t think it negates what the letter of the law says and case law says,” Stallings said.
In Jazmine Garcia’s situation, a review of records by the county clerks in Kane and DuPage counties questioned enough signatures to give Jazmine 525 signatures, 17 below the minimum 542 required to get on the ballot.
But attorney Kevin Morphew, representing Jazmine Garcia, presented 37 affidavits from voters who swore they did legitimately sign the nominating petitions for her.
The board went line by line, comparing the signatures on the petitions, the signatures on the voter registration and the signatures on the affidavits. By the end of the long process, the board “rehabilitated” 24 signatures – meaning they overturned the objection to them – and that gave Jazmine Garcia enough signatures to get on the ballot.
slord@tribpub.com
