The 6th Ward aldermanic race heated up Tuesday with new revelations about the legitimacy of the challenger’s qualifications.

The city discovered 6th Ward Aldermanic candidate Jesse Perez would not be qualified to hold office if elected, City Attorney Norma Guess said.

The disqualification falls under the residency requirements of the Illinois State Board of Elections candidate’s guide.

The guide states, “Alderman must reside in the ward at least one year preceding their election.”

The information the city provided to candidates from the ISBE was outdated, Guess said.

The “one year’ requirement was added to the guide on July 30, 2004 and not included in information distributed to the candidates, she said.

Perez, who moved to the 6th Ward on August 18, 2004, challenged the idea that he was not qualified.

Perez said he previously lived within Ward 6 for three years before moving out. He then moved back into the ward in August.

Under his interpretation of the qualifications, Perez said he should be qualified because he lived in the ward for three years preceding this election.

“I’m still going to stay on the ballot, Perez said. “I’m not going to withdraw.”

The guide does not specify whether aldermanic candidates must reside in ward for a year immediately preceding the election.

If elected, Perez has the option to challenge his disqualification.

Perez could request the State’s Attorney file a “quo warranto,”which is a Latin term meaning “by what authority,” action against the city, Guess said.

The action would ask the city “by what authority are you taking the action,” Guess said.

Perez also said the situation was brought to light by incumbent 6th Ward Alderman Dave Baker.

Baker respectfully declined to comment but the city attorney painted a different picture of the situation.

This was brought to the city’s attention by Perez, Guess said. However, the state law was not, just Perez’s residency.

There is no controversy unless Perez is elected, Guess said. If Perez remains on the ballot and is elected the decision on ward six representation becomes the mayor’s responsibility to make.

The mayor is empowered to determine whether there is a vacancy in ward 6, Guess said. If the mayor makes the determination then Perez cannot be inaugurated.

The mayor would then need to appoint someone to serve within 60 days r the vacancy, Guess stated. That person would serve until the April 2007 elections.

Municipal elections in DeKalb will be held on April 5.