Kates Files Petition to State Supreme Court Against Spinney's Candidacy

Winnetka trustee candidate Richard Kates asked the Illinois Supreme Court Tuesday to hear his case. Kates argues that fellow candidate Jennifer Spinney does not have the required number of valid signatures to have her name included on the April 5 ballot.

The papers Kates filed Tuesday do not guarantee him a hearing in front of the state's highest court. The petition, called a petition for leave to appeal, asks the court's permission to hear the case. Now, the court will consider the issue the case brings up and decide whether it deals with a question about state law that needs clarification or a ruling.

"They deal with those issues not on right or wrong, but on issues of importance to the state," Kates said.

At issue in this case is whether a signed affidavit from a voter can determine that voter's eligibility when that voter's signature and address on the nominating petitions do not match with voter registration records. Kates said this is the case with four of the signatures on her petitions. hearing earlier this year.

The Cook County Circuit Court upheld the legitimacy of Spinney's petitions last month when it ruled she had the exact number of legitimate signatures required for candidacy. The appellate court the circuit court's earlier ruling. A candidate needs 290 signatures to get on the ballot.

Kates disagrees with the rulings, saying voter verification is important and if ignored, it could undercut the process.

"If you open up the process and all someone has to do is file an affidavit, it can apply anywhere in the state of Illinois, and the state has enough problems than that door being opened," Kates said.

Spinney, who is currently in Springfield with other Winnetka trustees, said she was not surprised at the news.

"I hope that the Winnetka residents continue to realize that this man is way over the top," Spinney said. "He's wasting everybody's time and money. The greater minds say the supreme court will not hear it."

Kates said he also filed a motion that asks the court to accelerate its consideration of the case since the election is less than three weeks away. He said he asked the court to consider accepting his case even after the election takes place.

None of his appeals are meant to prevent Spinney from running in the election, either for personal reasons or for legal reasons, Kates said. Election laws allow anyone to run as a write-in candidate.

"To me, it's very, very important for people to understand that she still has that right no matter what happens," Kates said. "They cry things aren't neighborly and it's an exclusionary attempt. Well, it's not an exclusionary attempt and neighborliness has nothing to do with whether election laws are being obeyed or not."

It is unknown when the supreme court will decide to accept or reject the case. In the meantime, Spinney's name remains on the ballot.

"I'm on the ballot, people are voting," Spinney said, referring to the fact that early voting began Monday.