No decision yet on DeKalb Ward 5 Alderman Scott McAdams’ fate on April election ballot

DeKALB – DeKalb’s Ward 5 Alderman Scott McAdams will have to wait a little bit longer to learn if his name may remain on the April 4 consolidated election ballot.

The DeKalb Electoral Board met Friday to begin hearing objections to McAdams’ nomination petitions as he seeks reelection to the City Council. As of Friday, McAdams is the only one running for a Ward 5 spot.

The electoral board is comprised of Ward 7 Alderman Tony Faivre, Mayor Cohen Barnes and City Clerk Sasha Cohen. The city’s layer, Matt Rose, was also present during the hearing Friday, as was McAdams’ lawyer, Anna Wilhemi, who is also the chairperson for the DeKalb County Democratic Party.

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DeKalb City Council Ward 5 alderman Scott McAdams talks to his attorney Anna Wilhelmi Friday, Jan. 13, 2023, during a City of DeKalb Electoral Board hearing. The hearing was held to decide if McAdams, who is running unopposed for DeKalb’s 5th Ward aldermanic seat, should be removed from the ballot due to objections filed by two residents regarding signatures and filing procedure. (Mark Busch - mbusch@shawmedia.com/Mark Busch - mbusch@shawmedia.co)

McAdams’ nomination petitions are being challenged by DeKalb residents Derek Van Buer and Mark Charvat.

In a 2-1 vote, the electoral board decided to continue the hearing to a future date, at which point McAdams’ six witnesses will be able to provide testimony or have provided affidavit. Mayor Barnes and Faivre voted yes to continue, while clerk Cohen voted no.

The city clerk insisted upon wanting to hear from McAdams’ witnesses, though no witnesses were called Friday to testify.

The electoral board will convene for another hearing at 1:30 p.m. Jan. 20 at the DeKalb Public Library.

During Friday’s hearing, Electoral Board members consolidated the two objections seeing as how they are similar.

In their objections, Van Buer and Charvat allege that McAdams’ nomination petitions were not properly bound and contain invalid signatures.

Charvat questioned if consolidation is the right decision considering he doesn’t live in the city’s 5th Ward like Van Buer and that’s one of differences between the objection petitions they each submitted.

“I fully expect an objection,” Charvat said. “I have information to present that this happened before this board in a different electoral hearing back in 2011 where my standing was challenged. The board ruled that I did have standing despite that the fact that I live in a different ward yet the proper political subdivision.”

City Attorney Matt Rose tried to assure Charvat that it makes no difference in this case.

“It would not dismiss Mr. Van Buer’s case,” Rose said. “If for some reason, that motion was brought and there’s going to be a mechanism for the parties to bring such preliminary motions on it. If that motion was brought and was voted on and sustained by the board, that would only result in the dismissal of your case. It doesn’t result in the dismissal of Mr. Van Buer’s case, even if they were consolidated.”

City members of the Electoral Board said they plan to work with the DeKalb County Clerk’s Office Tuesday to review voter record registration for the signers of McAdams’ petitions.

Wilhelmi expressed concern over the availability of McAdams’ witnesses being able to come back to testify. She said they were informed that all this would be handled Friday.

Rose apologized to anyone who may be inconvenienced by the delayed result.