Fifth Ward alderman candidate off the ballot
February 21, 2007
DeKALB | “Severe disillusionment” is how Gavin Wilson describes being taken off the 5th Ward alderman ballot.
In a 2-1 vote Friday, the DeKalb electoral board decided petitions endorsing Wilson for inclusion on the ballot for the April 17 election were not properly filled out. Mayor Frank Van Buer, 3rd Ward Alderman Steve Kapitan and city clerk Donna Johnson made up the board.
“It’s an excuse for people on the inside to get people they don’t like off the ballot,” Wilson said. “Politics should not be a club.”
Mayor Frank Van Buer said there was no personal vendetta behind his actions.
“I was pleased to see he was on the ballot. I had no idea this was going to come about,” Van Buer said. “I didn’t see the petition until it was objected to.”
The petitions were missing both the name and date of the election. John Rey, a 5th Ward resident filed the objection.
Steve Kapitan voted against the ruling.
“It disenfranchises the signers… There is no specific language that identifies that those must be filled in.”
Kapitan said the law only uses general language.
Johnson said Wilson has the option to appeal the decision, but Wilson said he is not considering it.
“Having to deal with these people would be under hostile circumstances,” Wilson said. “I will not pursue it further.”
Wilson said he is not considering running as a write-in candidate either.
“The mayor wanted me off the ballot,” Wilson said. “This will happen to anyone with unpopular opinions.”
Johnson said Norma Guess, DeKalb city attorney, found the blank areas to be a mandatory requirement.
“The law is the law,” Johnson said. “It’s very common to leave the [name of election blank], but to leave the date off is crucial.”
Van Buer said legislation and case law made it clear the date was mandatory.
“I didn’t have any discretion on that,” Van Buer said.
Both Van Buer and Johnson said the action was unfortunate.
“Even if there had been one candidate on the ballot, we would still have to do it,” Johnson said.