DeKALB – Linh Nguyen has been disqualified from the ballot in DeKalb’s April mayoral race following a decision made by the city’s electoral board.
The verdict, a 3-0 ruling, came at a hearing that began at 9 a.m. Tuesday on the second floor of the DeKalb Police Department.
An initial hearing was held Nov. 7.
In oral arguments, attorneys for both sides laid out their reasoning for whether DeKalb elections should operate under partisan or nonpartisan election rules.
Candidates in DeKalb municipal elections traditionally file as independent candidates during the partisan filing period, which is between Nov. 12 and Nov. 18 this year.
Nguyen, an NIU staff member, filed her nomination papers Oct. 25, in the timeframe designated for nonpartisan candidates, between Oct. 21 and Oct. 28.
According to the decision issued by the city, “when partisan consolidated elections are held, candidates may run under the banner of an ‘established’ political party or a ‘new’ political party. If desiring not to be affiliated with a political party, candidates may run as ‘independents’.”
The decision issued by the city cites that DeKalb has held partisan consolidated elections for over 30 years.
Ed Mullen, Nguyen’s attorney, disputed whether DeKalb’s partisan elections have been based on an accurate interpretation of the municipal code.
Mullen argued that a referendum would have been necessary for the city to hold partisan elections. Without a referendum, the electoral code dictates the city should have used nonpartisan elections since adopting a managerial form of government in 1960, in alignment with Article 5 of the municipal code, Mullen said.
Andrew Acker, attorney for the objector, argued that following a referendum passed in 1967 which divided the city into wards with one alderman elected from each ward, the city is governed by Article 3 of the municipal code.
Article 3 states that general election law provides for partisan consolidated elections for the city’s officers.
Acker said if the committee ruled in favor of Nguyen, issues such as ballot order and potential objections to other candidate nominations would remain.
“In the event that she (Nguyen) is correct, all the other nominating papers that are going to be submitted by other candidates running in this election submitted between Nov. 12 to Nov. 18 would be subject to objection,” Acker said.
City Attorney Matthew Rose asked each attorney what weight should be given to the history of DeKalb holding partisan elections.
“If you’ve been wrong for 20 years, it shouldn’t be that you continue to be wrong,” Mullen said.
In response to the same question, Acker said respect should be given to the city’s history of partisan elections.
“I think you should give it deference,” Acker said. “Counsel (Mullen) is coming in and basically upsetting the entirety of how this municipality has conducted its partisan elections for 30 years.”
The consolidated elections will be held April 1, 2025.
A statement provided by Nguyen’s campaign pointed out that the committee’s final decision and order was printed prior to the hearing.
It is unclear if the City’s attorney also printed an order that would have been used if Nguyen was not disqualified from the ballot.
“My team and I are disappointed but not surprised by this ruling,” Nguyen said. “My lawyer is reviewing the materials, and as of this moment (after Tuesday’s hearing) we intend to appeal the electoral board’s decision.”
According to the decision issued by the city, parties may seek judicial review of the decision in the Circuit Court of DeKalb County.
The objection to Nguyen’s nomination petition was filed by DeKalb resident Albert William Vanstone Vodden, Jr.
As of Tuesday, there are three candidates in DeKalb’s mayoral race that filed in the November period: Incumbent Mayor Cohen Barnes, 7th Ward Alderman John Walker and NIU staff member Kouame Sanan.
Incumbent candidates in the aldermanic race include Mike Verbic, who sits on the electoral board, and Barb Larson.
