Ruling leaves only one candidate standing for Yorkville alderman seat

And then there were none. After the Yorkville electoral board sustained an objection, kicking one candidate off the ballot, there will be no contested elections for city government in the upcoming April elections.

The ruling disqualifies Sammy Hall, who submitted a nominating petition for Fourth Ward Alderman, from the ballot for presenting insufficient signatures required by state board of elections law. Lowell “Rusty” Hyett, who appears headed for survival against an objection against him also heard by the electoral board, remains the only candidate qualified for the race.

The electoral board unanimously ruled in favor of Hyett’s objection to Hall’s nominating petition, agreeing that Hall’s submitted signatures were under the required 5% of the total ballots cast in the district during the last regular election, the 2023 consolidated election, as required by state law.

The electoral board, who met Dec. 2, consists of Mayor John Purcell, City Clerk Jori Behland, and Chris Funkhouser, the most senior alderman in on the city council.

Hall said he was disappointed with the ruling but accepted the electoral board’s decision. He said he will consider taking his case to court, but will most likely just move on.

“They let me say my peace, I feel I made some good points, I respect their decision,” Hall said. “Getting politicians to change their barrier to entry might be a difficult task, but I hope I shed some light. In both my objection and my rebuttal, I knew what I was up against. I’m thankful to be a resident of the town and for all that they do. I just need to move on right now.”

Hall made two arguments in his defense. He argued because each seat in an aldermanic ward has staggered elections, this specific seat was last up for election in 2021, which had a lower vote total and therefore required him to submit less signatures. Hall also argued that in the 2023 consolidated election, the county’s website says there were 556 total votes cast in Ward 4, less than the 603 benchmark that the city was using.

During the hearing, Behland said the 603 figure the city used in its election information on its website is correct because it includes over and under votes, leading to a total vote count that was certified by the county. 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.

The electoral board was unresponsive to Hall’s argument that the 603 vote total, consisting of the under and over votes, was not clearly stated for the public on the county’s website of certified election figures for the 2023 consolidated election.

As for Hall’s other argument, City Attorney Kathleen Field Orr said caselaw clearly states the voting total benchmark must be derived from the next preceding election in a district and not one of a similar seat, such as in staggered seats for the same district. She argued this prevents candidates from arbitrarily choosing elections to base their required signature numbers from.

Orr said this clearly means the 603 total votes cast in the 2023 consolidated election is the proper legal benchmark to use.

Hall can appeal the electoral board’s decision within seven days of the written decision. Hall can also take his argument to court if he desires.

Following Hall’s fate being decided by the electoral board, the objection filed against Hyett’s nominating papers was heard.

Hall’s filled objection states that Hyett failed to correctly identify the office being sought because Hyett used the term “alderman” instead of “alderperson,” which Hall argued was the legally accepted terminology of the office.

Hall also argued Hyett’s used terminology misled any potential public signatories and prevented inclusion of all genders potentially seeking the office.

Orr presented caselaw stating that the terminology is acceptable as long as it is not sufficiently confusing to the average voter. The Mayor agreed with her position.

“I see no way any person is confused by this,” Purcell said during the hearing.

Before releasing their written decision, the electoral board appears set to unanimously reject Hall’s objection to Hyett, meaning Hyett will remain the only candidate on the ballot for the Fourth Ward.

“I got my information from the city’s website, they all agreed that it was the right process,” Hyett said. “I followed what what was on there, there was no mention of ‘alderperson’ on the website. The website also said the signatures required was 31 from the 603 total votes in the last election. That was clearly on the United City of Yorkville’s main page.”