Ballot challenge heads for judge's hands

The GOP could know by Monday if only one candidate's name will appear on the February primary ballot for the heated 56th District state House race.

Charlotte Kegarise's nominating petitions have been under scrutiny since Charles Linkenheld of Schaumburg, a supporter of her rival, filed an objection on Nov. 13 to knock Kegarise off the ballot.

Anita Forte-Scott is the other Republican challenger for the Feb. 5 primary for the seat currently held by Democrat Paul Froehlich.

The primary will be the first electoral challenge for him since he left the Republican Party back in June after leading the Schaumburg Township GOP for nearly a decade.

Retired Judge John E. Morrissey will hear arguments Monday morning in Chicago on the challenge to Kegarise's petitions. The judge will then submit a recommendation to the state elections board, which is to certify the decision Thursday.

But Kegarise's camp is charging she's hasn't received a fair shot to be on the ballot.

Her attorney, Don Laxton, said the state board failed to notify them properly of hearings on the matter. No one from her side was present Thursday in Springfield for the state board's record check, which infuriated Laxton. He said he's going to move Monday to restart the challenge process.

"Both parties are supposed to be there, and one is and one isn't," he said. "That doesn't cut it. She's not getting her due process."

Laxton said he's represented candidates on both sides of ballot challenges for 30 years and has "never seen anything like this."

Linkenheld is a former GOP precinct captain, and has the backing of state party organization lawyers.

He couldn't be reached for comment Friday but his attorney, John W. Countryman, said he was in Springfield Thursday on another case when Kegarise's happened to be called. He also said he wasn't properly notified.

Countryman asserts that 113 of Kegarise's nominating signatures are faulty. That would reduce the number of valid signatures on her petition to 445 -- below what's needed to get on the ballot.

According to the state elections board, Linkenheld is challenging 172 signatures on Kegarise's petition. She needed 500 to get on the ballot and turned in 558.

Countryman said he made a motion for default, based on the fact that no one from Kegarise's side was present Thursday. That would have kicked Kegarise off the ballot, though Countryman said that motion was denied.

That doesn't sit too well with Kegarise, who said the state GOP is working against her.

"I don't think because you aren't affiliated with a certain group of people you should be denied that right," said Kegarise, who is president of the Schaumburg Township Elementary District 54 school board.

Forte-Scott is president of the Schaumburg Township District Library board, on which Froehlich's wife, Marilyn, also has a seat.

Forte-Scott denied having anything to do with Linkenheld's objection.

"I just think he's someone who believes in me," she said. "He's told me he feels uncomfortable with what they're doing."

In the Democratic primary, Froehlich is being challenged by Schaumburg attorney John Moynihan.

The 56th includes most of Schaumburg and parts of Bloomingdale, Elk Grove Village, Hanover Park. Hoffman Estates, Palatine, Rolling Meadows and Roselle.