DeKALB – On Friday, the city moved to dismiss mayoral candidate Linh Nguyen’s appeal against an electoral board ruling that removed her name from the April election ballot. 

The appeal was filed after Nguyen was removed from the ballot by DeKalb’s electoral board.

As an alternative measure to get on the ballot, Nguyen filed to be a write-in candidate in a Democratic primary for the mayoral race on Dec. 19.

Nguyen was removed from the ballot after DeKalb resident Albert William Vanstone Vodden, Jr. challenged her nomination petition, arguing that she filed in the wrong period and used an invalid name when she filed.
In a press release sent after Friday’s court date, Nguyen said the city’s argument is flawed – in the appeal they argue that her write-in candidacy negates her right to appeal.

“My appeal is to clarify DeKalb’s election procedures and to fight against the city’s voter suppression  tactics,” Nguyen said. “I did not choose to run as a write-in candidate, but I was forced to do so by the city’s action to remove my name from the ballot.”
To be on April’s ballot, Nguyen needs 20 write-in votes in the primary election.

As of Friday, 50 in-person votes and 88 vote by mail ballots have been received in the primary, according to DeKalb County Clerk Tasha Sims.

The total number of votes Nguyen receives will depend on how many of the ballots election judges deem valid.

A valid vote is one where the oval on the ballot is filled in and Nguyen’s name can be correctly identified, Sims said.

The votes will be counted after the primary election is over but will go through a manual verification process and it is expected to take up to two days for final results to be released.
Early voting for the primary election began on Jan. 16 at 110 E. Sycamore St.
Voting for the primary will be available at Red Roof Inn starting on Feb. 17. Early voting at both locations will go until Feb. 24.

The official election day for the primary is Feb. 25.

If Nguyen meets or exceeds the 20 vote threshold in the primary she will be on the mayoral ballot in February, regardless of the outcome of her appeal of the electoral board’s decision.

The next court date for the appeal is scheduled for Monday at the DeKalb County Courthouse.

The consolidated election will be on April 1. As of now, three candidates have filed as Independent including incumbent Mayor Cohen Barnes, Alderman John Walker and NIU staff member Kouame Sanan.

If Nguyen receives enough votes in the primary, she will appear on the top of April’s mayoral ballot as a Democrat.