Monday, December 12, 2011
David McSweney's Petition Challenge against Kent Gaffney & Danielle Rowe
Here are the arguments offered by Attorney Rich Means on behalf of State Rep. candidate David McSweeney in his petition challenges of primary opponents Kent Gaffney.
Mc Sweeney v. Gaffney ARDC Attorney #01874098
State of Illinois )
) SS.
County of Cook )
Before the Duly Constituted Electoral Board for the Hearing and Passing Upon of Objections to Nomination Papers of Candidates for the Nomination of the Republican Party for the Office of
Representative in the General Assembly for the 52nd Representative District of the State of Illinois Objections of David McSweeney to the Nomination Papers of Kent Gaffney for the Republican Party Nomination for the Office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be Held on March 20, 2012
Verified Objector’s Petition
David McSweeney, residing and registered to vote at 8 Hubbell Court, in the Village of Barrington
Hills, County of Cook, State of Illinois (hereinafter referred to as “Objector”) states that the Objector’s address is as stated, that the Objector is a legal voter of the 52nd Representative District of the State of Illinois, and that the Objector’s interest in filing the following objections is that of a citizen desirous of seeing that the election laws governing the filing of nomination papers for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, are properly complied with. Therefore, the Objector makes the following objections to the nomination papers of Kent Gaffney as a candidate for the Republican Party nomination for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012 (hereinafter referred to as the “Nomination Papers”).
The Objector states that said Nomination Papers are insufficient in fact and law for the following
reasons:
1. Pursuant to Illinois law, nomination papers for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012, must contain the true signatures of not fewer than 500 nor more than 1500 qualified and duly registered legal voters of the Republican Party for the 52nd Representative District of the State of Illinois. In addition, said Nomination Papers must truthfully allege that the candidate is qualified for the office he seeks, be gathered and presented in the manner provided for in the Illinois Election Code, and otherwise must be executed in the form provided by law. The Nomination Papers herein purport to contain the signatures of approximately 1064 of such voters, and further purport to truthfully allege that the candidate is qualified for the office he seeks and purport to have been gathered, presented and executed in the manner required by the Illinois Election Code.
2. The Nomination Papers herein contain petition pages which were illegally circulated by State of Illinois, House of Representatives Republican Staff employees Garret Hill and Nicholas McNeely on State time and with the use of State resources in violation of §9-25.1 of the Illinois Election Code, Article VIII. §1 of the Illinois Constitution, several provisions of the State Officials and Employees Ethics Act and numerous other Illinois laws. Such petition sheets are therefore the proceeds of a crime from which the candidate must not be allowed to benefit. Such illegally gathered petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet circulated by said individuals is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are pages 8-21, 28-34, 39-43, 46-54, 56-65, 69-77, 79, 101, 103, 104, 107, and 110 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
3. The Nomination Papers herein contain petition pages which purport to have been circulated by Alan Hill. Those petition sheets are numbered 10-21, 28-34, 39-43, 72-77, 79, 103 and 104. In fact, those petition sheets were circulated by State of Illinois, House of Representatives Republican Staff employees Garret Hill and Nicholas McNeely who then conspired with each other and Alan Hill to procure Alan Hill’s perjured circulator affidavit on each such petition sheet. Because Garret Hill and Nicholas McNeely suborned Alan Hill’s perjury on those circulator affidavits, and because Alan Hill perjured himself in the circulator affidavits, Garret Hill, Alan Hill and Nicholas McNeely have demonstrated a pattern of fraud and disregard of the Election Code to such a degree that every signature on these petition sheets and also on every sheet which, on its face, purports to have been circulated by Garret Hill and Nicholas McNeely is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are 10- 21, 28-34, 39-43, 72-77, 79, 103 and 104 and 8, 9, 46-54, 56-65, 69-71, 101, 107, and 110 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
4. The Nomination Papers herein contain petition pages which were illegally notarized by State of Illinois, House of Representatives Republican Staff employee Tina R. Hill. Her notarizations were illegal because, when she notarized the affidavits of Alan Hill on sheets pages 34, 39-43, 103 and 104, she knew those affidavits to be false and perjurious. She did this in violation of several provisions of the Election Code, the Notary Act and numerous other Illinois laws. Such petition sheets are therefore the proceeds of a crime from which the candidate must not be allowed to benefit. Such illegally notarized petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet notarized by her is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are pages 23-27, 34, 37-44, 78, 99, 103-106, 108, and 109 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
5. The Nomination Papers contain the names of persons, as petitioners, who are not duly registered as voters at the addresses shown opposite their respective names, as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column A, “Signer not registered at address shown,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
6. The Nomination Papers contain the names of persons, as petitioners, who, at all times relevant hereto, did not reside within the boundaries of the 52nd Representative District of the State of Illinois, as is shown by the address written on the petition sheet and as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column B, “Signer resides outside district,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
7. The Nomination Papers contain the names of persons, as petitioners, who did not sign said papers in their own proper persons, and said entries are not the genuine signatures of the registered voters indicated as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column C, “Signer’s signature not genuine,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
8. The Nomination Papers contain petition sheets containing the names of persons, as circulators of said petition sheets, who were not the true circulators of such petition sheets as is set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading, Column K., “Stated circulator not the true circulator,” in violation of the Illinois Election Code and therefore all signatures on such petition sheets are invalid.
9. The Nomination Papers contain the names of persons, as signers, for whom the address appearing opposite said names is so incomplete or illegible as to render impossible the inquiry into whether such persons are registered voters within the 52nd Representative District of the State of Illinois as is set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading Column P., “Signer’s address so incomplete or illegible as to prevent checking,” in violation of the Illinois Election Code and therefore all such signatures on such petition sheets are invalid.
10. The Nomination Papers contain petition sheets circulated by individuals whose petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet circulated by said individuals is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such affected signatures are set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading Column S., “Sheet invalid because of pattern of fraud and disregard of Election Code by circulator,” in violation of the Illinois Election Code and therefore all such signatures on such petition sheets are invalid.
11. Because the Nomination Papers contain fewer than the statutory minimum number of 500 validly collected and presented signatures of qualified and duly registered legal voters of the Republican Party of the 52nd Representative District of the State of Illinois, signed by such voters in their own proper person with proper addresses, as alleged above and as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, the Nomination Papers are invalid in their entirety.
Wherefore, the Objector requests a hearing on the Objections set forth herein, an examination by the aforesaid Electoral Board (or its duly appointed agent or agents) of the official precinct registers and binders relating to voters in the 52nd Representative District of the State of Illinois, (to the extent that such examination is pertinent to any of the matters alleged herein), a ruling that the Nomination Papers are insufficient in law and fact, and a ruling that the name of Kent Gaffney shall not appear on the ballot for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012.
______________________________
David McSweeney
Objector
Subscribed and sworn to before me by David McSweeney
this _____ day of December, 2011.
________________________________________
NOTARY PUBLIC
(SEAL)
Objections prepared: December 11, 2011
Richard K. Means
Attorney for the Objector
806 Fair Oaks Avenue
Oak Park, Illinois 60302
Telephone: (708) 386-1122
Facsimile: (708) 383-2987
Email: rmeans@richardmeans.com
Cook County Attorney # 27351
ARDC Attorney #01874098
Appendix A. [Line by line objections not reproduced.]
Mc Sweeney v. Gaffney ARDC Attorney #01874098
State of Illinois )
) SS.
County of Cook )
Before the Duly Constituted Electoral Board for the Hearing and Passing Upon of Objections to Nomination Papers of Candidates for the Nomination of the Republican Party for the Office of
Representative in the General Assembly for the 52nd Representative District of the State of Illinois Objections of David McSweeney to the Nomination Papers of Kent Gaffney for the Republican Party Nomination for the Office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be Held on March 20, 2012
Verified Objector’s Petition
David McSweeney, residing and registered to vote at 8 Hubbell Court, in the Village of Barrington
Hills, County of Cook, State of Illinois (hereinafter referred to as “Objector”) states that the Objector’s address is as stated, that the Objector is a legal voter of the 52nd Representative District of the State of Illinois, and that the Objector’s interest in filing the following objections is that of a citizen desirous of seeing that the election laws governing the filing of nomination papers for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, are properly complied with. Therefore, the Objector makes the following objections to the nomination papers of Kent Gaffney as a candidate for the Republican Party nomination for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012 (hereinafter referred to as the “Nomination Papers”).
The Objector states that said Nomination Papers are insufficient in fact and law for the following
reasons:
1. Pursuant to Illinois law, nomination papers for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012, must contain the true signatures of not fewer than 500 nor more than 1500 qualified and duly registered legal voters of the Republican Party for the 52nd Representative District of the State of Illinois. In addition, said Nomination Papers must truthfully allege that the candidate is qualified for the office he seeks, be gathered and presented in the manner provided for in the Illinois Election Code, and otherwise must be executed in the form provided by law. The Nomination Papers herein purport to contain the signatures of approximately 1064 of such voters, and further purport to truthfully allege that the candidate is qualified for the office he seeks and purport to have been gathered, presented and executed in the manner required by the Illinois Election Code.
2. The Nomination Papers herein contain petition pages which were illegally circulated by State of Illinois, House of Representatives Republican Staff employees Garret Hill and Nicholas McNeely on State time and with the use of State resources in violation of §9-25.1 of the Illinois Election Code, Article VIII. §1 of the Illinois Constitution, several provisions of the State Officials and Employees Ethics Act and numerous other Illinois laws. Such petition sheets are therefore the proceeds of a crime from which the candidate must not be allowed to benefit. Such illegally gathered petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet circulated by said individuals is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are pages 8-21, 28-34, 39-43, 46-54, 56-65, 69-77, 79, 101, 103, 104, 107, and 110 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
3. The Nomination Papers herein contain petition pages which purport to have been circulated by Alan Hill. Those petition sheets are numbered 10-21, 28-34, 39-43, 72-77, 79, 103 and 104. In fact, those petition sheets were circulated by State of Illinois, House of Representatives Republican Staff employees Garret Hill and Nicholas McNeely who then conspired with each other and Alan Hill to procure Alan Hill’s perjured circulator affidavit on each such petition sheet. Because Garret Hill and Nicholas McNeely suborned Alan Hill’s perjury on those circulator affidavits, and because Alan Hill perjured himself in the circulator affidavits, Garret Hill, Alan Hill and Nicholas McNeely have demonstrated a pattern of fraud and disregard of the Election Code to such a degree that every signature on these petition sheets and also on every sheet which, on its face, purports to have been circulated by Garret Hill and Nicholas McNeely is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are 10- 21, 28-34, 39-43, 72-77, 79, 103 and 104 and 8, 9, 46-54, 56-65, 69-71, 101, 107, and 110 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
4. The Nomination Papers herein contain petition pages which were illegally notarized by State of Illinois, House of Representatives Republican Staff employee Tina R. Hill. Her notarizations were illegal because, when she notarized the affidavits of Alan Hill on sheets pages 34, 39-43, 103 and 104, she knew those affidavits to be false and perjurious. She did this in violation of several provisions of the Election Code, the Notary Act and numerous other Illinois laws. Such petition sheets are therefore the proceeds of a crime from which the candidate must not be allowed to benefit. Such illegally notarized petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet notarized by her is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such petition sheets are pages 23-27, 34, 37-44, 78, 99, 103-106, 108, and 109 and each of such sheets are invalid in their entirety and none of their contents should be counted toward the candidate’s minimum signature requirement.
5. The Nomination Papers contain the names of persons, as petitioners, who are not duly registered as voters at the addresses shown opposite their respective names, as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column A, “Signer not registered at address shown,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
6. The Nomination Papers contain the names of persons, as petitioners, who, at all times relevant hereto, did not reside within the boundaries of the 52nd Representative District of the State of Illinois, as is shown by the address written on the petition sheet and as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column B, “Signer resides outside district,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
7. The Nomination Papers contain the names of persons, as petitioners, who did not sign said papers in their own proper persons, and said entries are not the genuine signatures of the registered voters indicated as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, under the heading, Column C, “Signer’s signature not genuine,” in violation of the Illinois Election Code and therefore all such signatures are invalid.
8. The Nomination Papers contain petition sheets containing the names of persons, as circulators of said petition sheets, who were not the true circulators of such petition sheets as is set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading, Column K., “Stated circulator not the true circulator,” in violation of the Illinois Election Code and therefore all signatures on such petition sheets are invalid.
9. The Nomination Papers contain the names of persons, as signers, for whom the address appearing opposite said names is so incomplete or illegible as to render impossible the inquiry into whether such persons are registered voters within the 52nd Representative District of the State of Illinois as is set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading Column P., “Signer’s address so incomplete or illegible as to prevent checking,” in violation of the Illinois Election Code and therefore all such signatures on such petition sheets are invalid.
10. The Nomination Papers contain petition sheets circulated by individuals whose petition sheets demonstrate a pattern of fraud and disregard of the Election Code to such a degree that every signature on every sheet circulated by said individuals is invalid, and should be invalidated, in order to protect the integrity of the electoral process. Such affected signatures are set forth specifically in Appendix A. attached hereto and incorporated herein, under the heading Column S., “Sheet invalid because of pattern of fraud and disregard of Election Code by circulator,” in violation of the Illinois Election Code and therefore all such signatures on such petition sheets are invalid.
11. Because the Nomination Papers contain fewer than the statutory minimum number of 500 validly collected and presented signatures of qualified and duly registered legal voters of the Republican Party of the 52nd Representative District of the State of Illinois, signed by such voters in their own proper person with proper addresses, as alleged above and as is set forth specifically (with an X or check mark) in Appendix A., attached hereto and incorporated herein, the Nomination Papers are invalid in their entirety.
Wherefore, the Objector requests a hearing on the Objections set forth herein, an examination by the aforesaid Electoral Board (or its duly appointed agent or agents) of the official precinct registers and binders relating to voters in the 52nd Representative District of the State of Illinois, (to the extent that such examination is pertinent to any of the matters alleged herein), a ruling that the Nomination Papers are insufficient in law and fact, and a ruling that the name of Kent Gaffney shall not appear on the ballot for the nomination of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Primary Election to be held on March 20, 2012.
______________________________
David McSweeney
Objector
Subscribed and sworn to before me by David McSweeney
this _____ day of December, 2011.
________________________________________
NOTARY PUBLIC
(SEAL)
Objections prepared: December 11, 2011
Richard K. Means
Attorney for the Objector
806 Fair Oaks Avenue
Oak Park, Illinois 60302
Telephone: (708) 386-1122
Facsimile: (708) 383-2987
Email: rmeans@richardmeans.com
Cook County Attorney # 27351
ARDC Attorney #01874098
Appendix A. [Line by line objections not reproduced.]
# posted by Cal Skinner : 6:14 PM
