Will County judge explains ruling in Joliet Township ballot dispute

Will County Judge Victoria Breslan’s decision to keep Cesar Guerrero on the ballot will be tested by an appellate court.

Breslan ruled in favor of Guerrero on Friday saying a written order explaining her decision would come later. It came out Tuesday.

“Illinois case law does not promote keeping candidates off the ballot unless there is fraud or a threat to the integrity of the election process,” Breslan wrote.

She decided that Joliet Township Democrats met the requirements of state election law once notified on Jan. 29 that the Guerrero was removed from the ballot because of unpaid fines for state election law violations.

Democrats took action to fill the ballot vacancy by renominating Guerrero as their candidate for supervisor.

When they did so on Feb. 4, Breslan wrote, Guerrero had paid off the previously unpaid fines making him a legitimate candidate.

Will County Clerk Annette Parker at that point “had no cause to refuse to print Guerrero’s name on the ballot,” Breslan write.

Parker had said repeatedly that she was following advice from the Will County State’s Attorney’s Office, which argued vigorously in court last week that Guerrero should not be on the ballot and has appealed Breslan’s decision.

Assistant State’s Attorney Scott Pyles on Wednesday said the decision creates a separate category of candidates that can still get on the ballot even after their names appear on the ballot forfeiture list issued by the Illinois State Board of Elections.

Nonpartisan candidates without party backing don’t have the same opportunity to be renominated to fill a vacancy, he said.

“You can’t treat different candidates differently,” Pyles said. “That’s the main reason we’re fighting this battle.”

Township elections, unlike school board and most municipal elections, are partisan contests. Guerrero’s removal would have left the Democrats without a supervisor candidate on the ballot.