Appeal of Electoral Board Decision in District 86 Case Likely Too Late

It appears an appeal of an electoral board ruling on the validity of a Hinsdale Township High School District 86 school board candidate’s nomination papers likely was filed after the deadline for appeals had passed.

On Jan. 6, the Education Officers Electoral Board to the nomination papers of Jennifer Planson of Willowbrook. Planson is currently the t of Gower School District 62. During the meeting, objectors Donald O’Neil and Terrence O’Malley of Oak Brook were told by Alan Mullins, the electoral board attorney, they had five days to appeal the decision to circuit court.

As of Monday morning, Mullins still had received no notice of an appeal. The only evidence he had for an appeal was a statement attributed to O’Neil in a media report that indicated an appeal had been filed with the court on Thursday. That would have been two days after the deadline.

If that’s the case, Mullins said, “we would have to file a motion to dismiss.”

Mullins noted that each member of the electoral board and Planson would have to be served notices to appear, which can be done by registered mail, but as of Friday, no notices had been served.

If a judge allows the appeal to go forward, Mullins said the court will take a fresh look at the case.

“They review it like it’s brand new to them,” he said.

However, Mullins said, “the objectors can’t put any new evidence in … except through argument.”

The only evidence the objectors entered at the electoral board meeting was Planson’s nomination papers, some of which they said incorrectly identified the school district for which Planson is a board candidate. Specifically, they said “Hinsdale 86” was written on some of the papers instead of “Hinsdale Township High School District 86.”

O'Neil and O'Malley could not be reached for comment Monday.