Democrat candidate for Madison County circuit judge Ebony Huddleston has petitioned the court to review an electoral board's recent decision to reject her nominating petitions.
"The Board erred by holding Huddleston to a standard of strict compliance with the Election Code and striking her nomination papers due to a mere technical violation even though she substantially complied with the Election Code and provided ample, uncontradicted evidence showing substantial compliance," wrote her attorney Gregory Moredeck of the Springfield firm Sorling Northrup.
Huddleston seeks a court order validating her nomination papers so that her name is printed on the June 28 primary ballot.
She's challenging an April 6 electoral board decision that upheld the position of objector Eric Foster, Republican county board member from Granite City, who argued that Huddleston, as well as Democrat judicial candidate Barry Julian, submitted nominating petitions with dates outside the lawful circulation period.
Their petitions indicated signatures were gathered on a start date of Jan. 13.
That date would not have been contested, except for a state law that passed in early January creating three judicial subcircuits in Madison County.
The Redistricting Act, which canceled county-wide judicial elections, passed through a Democratically controlled legislature late at night without public hearing on Jan. 5.
Signed by Gov. JB Pritzker on Jan. 7, it established that petitions could not be circulated any earlier than 15 days after enactment - or Jan. 22.
Foster maintained that the legislature was very clear when it gave definite dates for petitions to be circulated.
Huddleston, though, argues that "substantial compliance" can satisfy a mandatory provision of the Election Code, "however, as even a mandatory provision does not require strict compliance."
"Substantial compliance with the circulator's afidavit requirement saves a petition sheet from being rendered invalid," her petition states.
"Ballot access is a substantial right and not to be lightly denied."
In spite of submitting nominating petitions that certified a circulation period beginning Jan. 13, Huddleston testified at the hearing and argues in her April 18 brief that she did not actually print nomination papers prior to the lawful first circulation date of Jan. 22.
"Foster presented no evidence to support his case-in-chief other than the nomination papers themselves," her petition states.
The electoral board included three county officers, Republicans. It was chaired by Treasurer Chris Slusser, appointed to the position because County Clerk Debra Ming-Mendoza, Democrat, recused herself since she had circulated petitions for Julian.
It also included State's Attorney Tom Haine and Circuit Clerk Tom McRae.
The board determined Foster's objection should be sustained "whether for circulating prior to January 22, 2022, or for failing to comply with the requirement that the Circulator attest to the 'first and last' dates of circulation on the Petition."
Huddleston had also sought to disqualify Haine from the electoral board at the onset, arguing that he was not impartial due to his constitutional challenge to the Redistricting Act, but the board denied the move.
Last month, Haine appealed a Sangamon County judge's Feb. 24 decision dismissing his challenge. He has called the subcircuit law unjust and unconstititional.
As of April 20, Julian had not petitioned for review of the electoral board's decision.
Huddleston and Julian could also file paperwork to run as write-in candidates in the primary.
If they secure their nominations, during the General Election Huddleston would face Circuit Judge Amy Sholar and Julian would face Circuit Judge Christopher Threlkeld.