Sixth Ward aldermanic candidate Jesse Perez is facing a troublesome situation thanks to a gaffe by the Illinois State Board of Elections, City Clerk Donna Johnson said.

On March 8 the city found out Perez may not meet residency requirements for election, according to the ISBE.

The law, changed in July 2004, states aldermanic candidates must reside within their ward for one year preceding the election.

Johnson said she distributed information to the candidates that stated candidates had to live in the city, not the ward, for one year prior to election. The information came directly from the ISBE 2005 Candidate’s Guide.

It was not until after the city attorney contacted the ISBE that the board admitted to failing to update the guide, Johnson said.

“The state board made an honest mistake,” Johnson said. “I’ve made mistakes in my job, too, but some mistakes have bigger consequences than others.”

The candidate’s guide had not been updated as of press time.

Officials at the ISBE refused to comment except to offer general information on the law and note the situation is likely to end up in court.

Perez maintained his prior residency in the 6th Ward qualified him to take office.

“I currently have lived in the 6th Ward since August of ‘04,” he said. “I also lived in the 6th Ward from ‘97 to ‘99. In other words, I have lived in the 6th Ward for over two-and-a-half years.”

The Perez campaign expects the election to go well, he said. It is unlikely the situation will end up in court, and his name will be on the ballot April 5.

Sixth Ward incumbent alderman Dave Baker said Perez is risking an expensive and time-consuming lawsuit by staying on the ballot.

“[The law] was written to ensure that candidates have a first-hand understanding and appreciation of the neighborhoods they seek to represent,” Baker said.

Both DeKalb Mayor Greg Sparrow and Johnson were unsure of how the situation would be resolved.

It could lead to a court case, Sparrow said, or the situation could be something the city stays out of.

Johnson agreed the election could end up in court if Perez wins the election.

If the city has to get involved, it would be up to the mayor with the advice and consent of the majority of city council to appoint someone to serve the 6th Ward until 2007, Johnson said.

A number of other arguments on the issue exist as well.

“[There is] no precedent on this,” Johnson said. “We don’t know what’s going to happen.”

Some argue that since the law was changed and the ISBE failed to notify the public, candidates cannot be expected to abide by the law, she said.