Day before fate decided, candidate for Yorkville alderman files objection of his own

The race for Fourth Ward alderman in Yorkville has taken another turn as potential candidate Sammy Hall filed an objection against his opponent one day before an electoral board decides Hall’s fate from an objection filed at his own nomination.

Hall said his objection filed against potential candidate Lowell “Rusty” Hyett is more than just tit-for-tat, but seeks to upholdx the integrity of the elected office. In his submitted objection, Hall argues Hyett failed to accurately identify the office being sought because his nomination papers lists “alderman” instead of “alderperson.”

“Alderman is not a legally recognized office title for this election,” Hall said “There’s a reason the term got changed. If you do not uphold that, then Yorkville is not living up to its inclusivity standards they claim to uphold. This fundamental defect misrepresents the office and undermines the integrity of the petition.”

Yorkville City Administrator Bart Olson said just like Hyett’s objection to Hall’s nominating paperwork, an electoral board hearing will be held and a vote taken to rule on Hall’s objection to Hyett’s papers.

“There’s a variety of case law and state statues that govern how people get put on the ballot and you have to follow those rules to be put on the ballot,” Olson said. “Anybody can file an objection to any candidates filing if they do not feel those rules have been followed.”

At each of the electoral board hearings, each potential candidate will present verbal arguments, Olson said. The electoral board members will then ask questions before taking a vote and issuing a written decision.

The electoral board for each hearing consists of Mayor John Purcell, City Clerk Jori Behland, and the most senior alderman on City Council, Chris Funkhouser. The hearing to decide whether Hall qualifies for the ballot is 6 p.m. Tuesday, Nov. 26, at City Hall, 651 Prairie Pointe Drive, Yorkville. The date has not yet been set for the electoral board hearing for the objection against Hyett.

In Hyett’s objection to Hall’s nominating petition, Hyett argues not only did Hall not submit enough signatures, but three signatures should be ruled invalid. Hyett said two of those who signed live in an unincorporated area and the third lives outside the ward.

“The only way they can kick me off the ballot is bias,” Hall said. “Lowell and the city have been using the wrong required numbers from the beginning. Lowell is part of their mistake and his objection to me needs to be thrown out and he needs to be kicked off the ballot.”

According to the State of Illinois Candidates Guide 2025, issued by the State Board of Elections, a candidate must submit signatures that equal no less than 5% of the total votes cast during the last regular election in the district.

Hyett argues in his objection that Hall needed to submit 31 signatures based on 5% of 603 votes cast during the last election for this seat, the 2023 consolidated elections.

While figures on the Kendall County Clerk’s website show 556 votes cast for the two candidates during the 2023 consolidated elections for the 4th Ward, Yorkville City Clerk Jori Behland said this number does not account for under votes and over votes during that election, meaning residents of that ward who voted in the election but not that specific race.

An over vote is when a ballot is submitted with more than the maximum number of selections allowed. An under vote is when a ballot from that district is submitted but no vote is cast for a single choice. In the 2023 consolidated election for the 4th Ward, there was one over vote and 46 under votes for a total of 603 ballots.

Hall initially submitted 29 signatures, with Hyett contesting the legality of three of the signatures. If all three are ruled invalid, Hall’s remaining 26 signatures would not be enough.

However, Hall argues that not only is 603 the wrong benchmark to use, but that the 556 total votes in the 2023 consolidated election in Ward 4 is the wrong benchmark as well. Hall contends that the last time the seat was up for election was in 2021, not in 2023.

“There’s two seats for alderperson in Ward 4 with staggered election cycles between them,” Hall said. “The threshold should have been set from 2021 when there was only 158 votes cast for this seat. This means only eight signatures would be required. However, Illinois statute says 25 signatures is the absolute minimum. Even if he strikes away the signatures from me, I would still have 26, one above the minimum.”

The electoral board will decide which benchmark is the legal one to use and if each candidate qualifies for the ballot following the statues. Hall and Hyett are the only candidates who filed for the seat in Ward 4.