Will County attorneys intend to appeal ruling in Joliet Township ballot case

Judge allowed Cesar Guerrero to stay on ballot as township supervisor candidate

Joliet City Council member Cesar Guerrero has a conversation before the start of the Joliet City Council meeting on Tuesday, July 18, 2023.

The Will County Clerk said the county’s attorneys plan to appeal a judge’s decision to allow Joliet City Council memberCesar Guerrero on the ballot for the April 1 election for Joliet Township.

Parker issued her statement about five hours after Will County Judge Victoria Breslan ruled in favor of Guerrero on Friday to keep him on the ballot as the Democratic candidate for township supervisor.

“The law and the facts were clear to myself, the Illinois State Board of Elections and [Will County State’s Attorney James Glasgow’s Office],” Parker said.

Parker said Jan. 23 was the deadline for Guerrero “comply with state laws regarding ballot eligibility and he failed to do so.”

“Guerrero admitted on the witness stand that he received notices from the State Board of Elections stating that if he did not pay his fines by [Jan. 23] he would not be eligible to run for any elected office at any level of government anywhere in Illinois,” Parker said.

Glasgow’s office indicated to her they “intend to appeal” Breslan’s decision, Parker said.

Breslan told attorneys in Guerrero’s case that she will issue a more detailed court order to put him on the ballot within seven days.

“I didn’t have time to draft that,” Breslan said Friday.

Parker said if Breslan can hear arguments, review case law and statutes and render “her verbal opinion in 24 hours, she can certainly draft her detailed written opinion within 48 hours.”

“There will be an appellate court process and due to the ballots needing to be printed on an emergency basis following the [Feb. 25] primary election, I implore the judge to issue her written opinion by this [Monday],” Parker said.

Joliet Township building in downtown Joliet. Wednesday, July 27, 2022 in Joliet.

At a court hearing Thursday, Guerrero’s attorney, Burton Odelson, argued that his client paid $6,550 in overdue fines in time to justify a spot on the April 1 ballot.

Odelson said it was “odd” that attorneys with Glasgow’s office were “arguing so hard to keep a candidate off the ballot.”

Assistant State’s Attorney Scott Pyles said their office only wants to see “the election code upheld, and so does the county clerk.”

“That’s our only interest here,” Pyles said.

Odelson argued that Guerrero met deadlines set by state law when he paid the fines Jan. 29 and was nominated by Joliet Township Democrats for a second time Feb. 4 after being notified of the vacant ballot position.

Guerrero announced in December his intentions to not seek reelection to the Joliet City Council and instead run for Joliet Township supervisor.

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