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CITY OF WEST CHICAGO MUNICIPAL OFFICERS’ ELECTORAL BOARD
2 P.M. Tuesday, January 5, 2021
By Remote Participation due to the COVID-19 Pandemic and in Accordance with the
Governor’s Executive Order 2020-10
AGENDA
Pursuant to the updated Illinois Attorney General Guidance to Public Bodies on the Open Meetings
Act during the COVID-19 Pandemic, dated July 2, 2020, the Chairperson and Members of the City of
West Chicago Municipal Officers Electoral Board may participate in Public Meetings of the Electoral
Board without being physically present, in compliance with the established conditions,
4. Convene Electoral Board - Tristan Moffet v. Daniel Czuba 2020 WCEB 01
2 Introduce Electoral Board Members
3. Adopt Electoral Board Rules
4. Establish Docket
5. Evidentiary Hearing/Schedule Hearing Date
6. Recess to Hearing Date (if necessary)
7. Adjourn Electoral Board
Zoom Meeting
Instructions: https:/us02web.zoom.us/i/8837404661 5?pwd=UDFVRDR5TXIHdzViaSt4b3RXU3hGZz09
Meeting ID: 883 7404 6615
Passcode: 432440
One tap mobile
+134 26266799, 8837404661 5H#,,,,*432440# US (Chicago)
+19292056099,,88374046615#.., *432440# US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
Meeting ID: 883 7404 6615
Passcode: 432440

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|, Tristan Moffet, in the City of West Chicago, DuPage County, Illinois, filed an
objection to the mayoral petitions of Daniel M. Czuba on January 29, 2020, for the
April 6, 2021, Consolidated Election.
LSE Pm
Nancy M. Smith
City Clerk, Local Election Authority
City of West Chicago

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STATE OF ILLINOIS
)
) SS
COUNTY OF DUPAGE _)
As 2-55 PM
BEFORE THE WEST CHICAGO MUNICIPAL OFFICERS ELECTORAL BOARD -—
DULY CONSTITUTED ELECTORAL BOARD FOR THE
HEARING AND PASSING ON OBJECTIONS TO THE NOMINATING PAPERS
OF CANDIDATES FOR THE OFFICE OF hg, Ava
v
Mine
Petitioner/Objector, No.
)
)
)
)
v. )
)
Respondent/Candidate. )
VERIFIED OBJECTOR’S PETITION
cy "
NOW COMES the PETITIONER/OBJECTOR, alt { Sto Mok at (hereinafter
referred to as the “OBJECTOR”) pursuant to 10 ILCS 5/10-8, et seq., and other applicable
provisions of the Illinois Election Code, and files the instant Verified Objector’s Petition
- A
challenging the Nominating Papers of RESPONDENT/CANDIDATE, L¥que/ ( ZUpA
i
(hereinafter referred to as “CANDIDATE” , Candidate for the Office of | Yup f—
In support of this Petition, the OBJECTOR states as follows unto this Honorable
Electoral Board:
Don thd Goban Bip sae
1. The OBJECTOR resides at & 50 EAE Edge vice » Within the
sy" J
lie A
boundaries of the bijes CHIGGa
if
2. The OBJECTOR is a duly qualified, legal and registered voter, at the address
stated above, as required by the Election Code. 10 ILCS 5/3-1.2.
35 The OBJECTOR’S interest in filing this Verified Objector’s Petition is that of a

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h4g Ha f— (hereinafter referred to as the “OFFICE”) are properly complied with and
that only legally qualified candidates with the requisite statutory nominating papers (hereinafter
referred to as “NOMINATING PAPERS”) appear on the ballot for said OFFICE,
OBJECTIONS
4, The OBJECTOR makes objections to the purported NOMINATING PAPERS of
CANDIDATE for said OFFICE to be voted upon at the Consolidated Election to be held on
April 6, 2021 (hereinafter referred to as the “ELECTION”), as more fully set forth herein.
5. The OBJECTOR states that the NOMINATING PAPERS are insufficient in fact
and law for the following reasons:
LISTREASONS ~ JEE£ ATTA check.
WHEREFORE, for all the foregoing reasons, the OBJECTOR, | f is} Gay N nal
respectfully requests this Honorable Electoral Board to:
(a) convene the Electoral Board for purposes of ruling on the Objection; and
(b) _ to enter an order that the neme of Ba Ud, ef {2 ubs not be Certified as a
Candidate for the Office cf /# Li tf age for the
; Y
City of LAT Bucs to be voted on at the April 6, 2021
u
Consolidated Election; and
(c) for such further and other relief as deemed appropriate and just.
Respectfully submitted,
Thstw Mpbler
(Name of Petitioner)

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VERIFICATION
a “Tri LOT, ve) Mole T , being duly sworn on oath, deposes and states that he/she
is the Obj ector named herein; that he/she has read the foregoing Petition subscribed; and that the
contents contained therein are true and correct. \ ( ,
j
lay Weide
SUBSCRIBED and SWORN to before me
this ZY day of December, 2020
X
“OFFICIAL SEAL”
Miguel A. Lebron
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Eroires 01/08/24 §
Notary Public
THisTan Molter
(Name of Petitioner)
ee Dkygh Lig [2
‘Address'6f Petiti a,
ter L000 LE
(City and State’of Beto)
b80-74 GS OY
(Phone Number of Petitioner
CEAOCET CG ut0 11, OL,
(E-mail address 6f Petitioner)

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[Extraction: OCR (rendered-page OCR)]
Daniel Czuba’s Nominating Papers are insufficient fe- the following reason:
1. He is not a registered voter at the listed address of 465 E. Roosevelt Rd. in West Chicago, Il.
which is listed as the residence of Daniel Czuba on his nominating petitions, or anywhere else in
the City of West Chicago as was verified at tne DuPage Election Commission on 12/23/2020 at
1545 hrs. This was further verified through scrutinization of the West Chicago Registered
Voting list.
2. He does not live in a building zoned for residential occupancy within the City limits of the City of
West Chicago. The address listed on his nominating papers is zoned B2, commercial not
residential. It is in fact an Office building, nct a place of residence. According to the Election
Commission on 12/23/2020 at 1545 hrs., no one can be registered as a voter at that address
because it is not a residence within the City of West Chicago.
3. 65ILCS states; A person is not eligible for an elective municipal Office unless that person isa
qualified elector of the municipality and has resided in the municipality at least one year next
preceding the election or appointment. Mr. Czuba has not met that requirement .
4, Following are problems with the candidate petition pages:
1, The circulator of page one is unclear as there are two names there. Also signatures
8,9,10 all seem to be of the same handwriting. Which one is a signature? Two should be stricken.
2. The circulator of page two is also unc:aar as there are two names there. Also, signatures
1 and 2 are in the unincorporated are and not within the City limits of West Chicago.
3. The circulator of page three is also unclear as there are two names listed. Also,
signatures 8 and 9 appear to be written by the same person. One should be stricken.
4.The circulator of page four is also unc 2ar as there are two names listed.
5. The circulator of page five is also unclzar as there are two names listed. Also, signatures
1,2,3,5,6,7,8 are all unincorporated addresses ani not within City limits and therefore not valid.
6. Again, page six has two names as circulator and is therefore unclear as to who
circulated this page.
7. Page seven has two names as circulator and therefore it is unclear as to who circulated
this page. Also, Line 1 and 2 show residences as not in the City of West Chicago. Lines 6, 8, and 9 do
not show a last name.
8. On page eight, lines 2 and 7 are not acdresses that are within the City limits of West
Chicago.
9. Again on page nine there are two names listed as circulator making it unclear as to who
circulated the petition.
10. On page 10 we have again two names listed in the circulator position and three
different addresses listed on the line for circulators address. This makes it very unclear as to who
circulated this petition page and therefore making all signatures on this page ineligible.
11. Page 11 shows the circulator residing at an address not zoned residential and according
to the DuPage Election Commission on December 23, 2020 is an address that cannot have a registered

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voter residing at. Therefore, he cannot reside there and be a registered voter at that address.
Furthermore the DuPage Election Commission does rot show himasa registered voter there or
anywhere else within the City of West Chicago. So, if this is not his residence, the place he lives at
everyday and comes home to each day and sleeps and cooks meals there, then the address listed on the
petition papers is not correct and | would think that would make any signatures collected on such pages
null and void.
12. Page twelve shows the circulator residing at a residence not zoned residential but rather
commercial or B2 and according to the DuPage Election Commission cannot be the residence shown for
a registered voter. In that this circulator is also the candidate that in and of itself makes his candidacy
ineligible. Furthermore, Illinois law states that Mr. Czuba would have to have lived there one year prior
to the election in a regular normal nearly every day tiving situation, not for example, sleeping there one
night a week. Lastly, living there because of the zoning would be in violation of the City Code in West
Chicago for a whole year Prior to the election. This would mean the Candidate for Mayor was violating
the West Chicago City Code for one year prior to the election. That would make him ineligible to take
the Oath of Office which calls for enforcing all ordinances of which he would have been violating the
address,
12. Page twelve shows circulator who is also the candidate stating he resides at an address not zoned for
residential use but rather is zoned B2 commercial in violation of city code/ordinance. This would make
him ineligible to take an oath of Office as this Oath mandates that he must uphold and defend this same
code/ordinance that he would be violating at the same moment as he took the Oath if elected.
13. The same statement indicated for page twelve of this petition pertains to page thirteen of this
petition.
14. The same statement indicated for page twelve of this petition pertains to page fourteen of this
petition.
15. The same statement for page twelve of this petition pertains to page fifteen of this petition.
16. Page sixteen of this petition shows 2 names for circulator which makes all signatured on this page
invalid.
17. Page seventeen of this petition shows 2 names for circulator which makes all signatures on this page
invalid.

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indicated problems listed specifically on his petition pages makes Daniel M. Czuba ineligible to bea
candidate for Mayor of The City Of West Chicago
Attachments:
1. Areceipt page from the DuPage Election Commission showing a $5.00 expenditure for records.
This receipt page demonstrates | was there on 12-23-2020 at approximately 1545 hrs. | went
there to get voting records for Daniel Czuba from the Election Commission but because no
voting records are kept for anyone stating residence at an address that is listed as not
residential but rather commercial, they could not provide me with any. They did confirm that
Daniel Czuba was not a registered voter in the City of West Chicago.
2. This is a page from the most recent registered voters list from West Chicago in alphabetical
order showing no Daniel Czuba as a registered voter where it would appear had he been a
registered voter in the City of West Chicago.

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RECEIPT NUMBER: 202012230028 DATE:
RECEIVED OF; MOFFET, TRISTAN CASHIER:
CASH RECEIVED: $5.00
EC - MISCELLANEOUS
TOTAL SERVICE FEE:
TRISTAN MOFFET
THE OFFICE OF JEAN KACZMAREK
DuPage County Clerk
421 North County Farm Road, Wheaton, IL 60187
(630) 407-5500
CERT
$5.00
12/23/2020
ECIRG
$5.00

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[Extraction: OCR (rendered-page OCR)]
&
2.
West Chicago Ward 2
West Chicago Ward 2
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West Chicago Ward 2
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West Chicago Ward 5
West Chicago Ward 5
West Chicago Ward 4
West Chicago Ward 2
West Chicago Ward 7
West Chicago Ward 4
West Chicago Ward 4
West Chicago Ward 5
West Chicago Ward 7
West Chicago Ward 7
West Chicago Ward 1
West Chicago Ward 6
West Chicago Ward 6
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[Extraction: OCR (rendered-page OCR)]
Joseph
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===== PDF PAGE 12 =====
[Extraction: OCR (rendered-page OCR)]
NULL
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630-231-6- NULL
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[Extraction: OCR (rendered-page OCR)]
RULES OF PROCEDURE
—
The following Rules of Procedure shall be utilized by th y) cago Municipal Officers’ Electoral
Board (“Electoral Board”) for the Hearing and passing u “03d bjectiig to Nominating Petitions,
Yi
RULE 4. Appearance. r x
UY
Appearance by a Candidate or Objector at the He yon Objections shall mate motely via the Zoom
WY |
platform by a Candidate or Objector(s) or through leg “yrs ave timely n Appearance on
behalf of either the Candidate or Ong for(s). All Pa Ugsysust provide the Bo Me with a written
Appearance including a mailing om lephone numbé
pera GSagore marl gg curbers |
notification to the Party of any matter #quir fe ptice in th ey proceedings. The Parties shall be
available for receipt of such notification dug the Os y these’ A Bgeedings. Appearances and any
ae Wy yO .. WH, .
PINS a. Nancy SrA at w itycl hotmail.com.
= e
Yy
Lie A Heariti’ the Electoral Board, both the Objector and the
i yy ; © Btuired © povear, unless the Parties are advised to the
contra ie Notice sey the @ajrperson Hagpoard setting the date for the initial meeting, to
present thelr cases. There be nd ¢ptinuance or resetting, except for good cause shown by the
Parties, at t ie s discretiof Y, he Bo pay. 01 its own motion continue the matter, in its sole and
foc lb Yi A tect ; .
exclusive discre qpyfor purposes#y conductihg Records Checks, issuing subpoenas, seeking legal briefs
on the issues, or fo ‘pyother rea
.
If a Candidate or course y
public policy fails to appea “gpAhe date set for the Evidentiary Hearing, a Decision in the nature ofa
default judgment may be entered and the Object’ons contained in the Objector’s Petition may be
sustained, but only upon a default prove-up Hearing upon a Verified Objector’s Petition, and only upon
a determination by the Board that the Objector’s Pezition sets forth valid grounds for the removal of the
Candidate’s name or question of public policy from t1e Ballot.
If an Objector or Counsel for the Objector fails to appear for the Hearing, the Board may, in its sole
discretion, dismiss the Objection.

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[Extraction: OCR (rendered-page OCR)]
RULE 3, Presentation of Case.
All Parties must be prepared to present their case at the time set by the Board for an Evidentiary
Hearing, including the presentation of witness testimony, affidavits, documentary evidence and any and
all legal arguments in support of or in opposition to, the Objection.
RULE 4, Electoral Board.
The Electoral Board shall conduct and preside over all Hearings and take necessary action to avoid delay,
maintain order, ensure compliance with all notice requirements ake a clear and complete record
of the processing. The Board shall have all the powers necessa ofas nduct a fair and impartial Hearing
including, but not limited to:
»
(a) Administer oaths and affirmations; , >
(b) aie witness and/or record Subpoenasy fT request and pr Happ tcation by the
Parties; Y, ly
» >
proceedings, all according t
provisions of these Rules;
(d) Examine the wit LY oss ci
set rooney
Uy
(e) Rule upon offers oP ‘oof an
a
ings eeyto ape Yi
Ba Ye
Gane. cir he
Yi
(g) Disfipse of procedrllaguet iar matters;
2 “Prenare @
(h} RequitY) the Parties 10; Pepare atten driefs and proposed findings of fact and
conclusion Baw;
» consider ana tiecoos te | |
(i) Consider and a ongaymotions presented in a manner and time the Board deems
ey,
p
appropriate; 3
(i) Consider such evidence as may be submitted including, but not limited to documentary
evidence, affidavits and oral testimony;
(k) Enter any order that further carries out the purpose of these Rules; and
(Il) Prepare a written record ofits proceedings. A transcript of proceedings will be made bya
Certified Court Reporter.

===== PDF PAGE 15 =====
[Extraction: OCR (rendered-page OCR)]
RULE 5, Notice of Filing and Service.
Unless otherwise specified by these Rules or permitted by the Board or a Hearing examiner, service may
be made upon any Party of the proceeding by first filing the original of the document or papers to be
served and an executed Proof of Service with the West Chicago City Clerk. The Parties are responsible
for serving every other Party with any such papers, by e-mail transmission or personal service. A Proof
of Service shail contain a verified statement that electronic notice or personal notice of the filing has
been given to the Party. All documents to be presented to the Board are to be filed with West Chicago
City Clerk Nancy Smith at aw
Yy
RULE 6, Preliminary Motions — Timing. y ¢
<>
étition, in the re e of a motion to strike or
iate time ean on the cbvereson of
i filed with i fection Division, as
provided for herein, on the opposing Parties no later @ n g bam. at least oo 1) calendar day
preceding the date set in the Call . pyectoral Boal eet to consider th AC Objection(s). A
response, if any, must be made in writi ss Re@fled with the i Chicago City Clerk and served upon
the Parties on the date set in the Call of the Teo Board TOppect, or such other times as the
Electoral Board may deterpyyey,The Electoray oard, ing cretion fp y entertain oral responses to
] dfs ol consi hy nel ty further presentation by the Parties.
iS y Poe taken hac der consideration for further review
yy, © patton are sustained, the Objector’s Petition will
ines Pape jll be sustained. The Electoral Board may, in its
Se
pyeliminatyaosion$Zand Objecti ding further Heari
A a a 4 n yections pending further earing on
~ %
q a
RULE 7. Relics Check, J
Oysination Papers and Objections shall be compared with the Voter
oo) GF ooars, acting under the direction and supervision of the Electoral
Board. In comparing a mA based upon a filed Objection to determine whether to sustain or
overrule the Objection, such agents will provide a report and recommendation to the Electoral Board in
order for the Electoral Board to determine the validity of challenged signatures and/or challenged
registrations.

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[Extraction: OCR (rendered-page OCR)]
RULE 8. Objections to Records Check — Timing.
Any Candidate(s) or Objector(s) may object to the comparison of the Voter Records. Such objections
shall be filed with the Electoral Board indicating the specific name(s) objected to designating the sheet
and line of the challenged Petition, the basis for said Objection; or in the case of Circulator, the sheet
number, as well as the ground(s) for each such Objection, within twenty-four (24) hours after receipt of
the Records Check. Said Objections to the Records Check will be, considered as part of the Record
before the Electoral Board. Any such Objections to the Rec feck as to the comparison of the
the Electoral Board only if a timely
Objection has been made. Failure to object to the Recorg My result in a waiver to introduce
any additional evidence, affidavits or testimony relaziv, thé issue OFA Records Check,
RULE 9, General Considerations.
ony, evidence, affidavits
Uy
Yj WY)
Yifis, o 5
2, Original “hatte P Lys well as all testimony,
Ye 7
yatguments therein;
‘
a
Y ype to’ ypoduce or utilize an affidavit must first
Pi i y, at least 24 hours prior to the
Y introduction iia affi yo the Bo: Arurther, in order to be considered by the
“a ard, all affidavil pus tig with the requirements of the Illinois Code of Civil
R
Gourt Ru
gure |) u
affideWiisubmitted hg
ay
ersonal knowledge of the affiant;
e set fo particularity the facts upon which the claim, counterclaim, or
defense is based;
e have attached thereto sworn or certified copies of all papers documents
upon which the affiant relies;
* not consist of conclusions but of facts admissible in evidence;
e affirmatively show that the affiant, if sworn as a witness, can testify
competently thereto
If all of the facts to be shown are not within the personal knowledge of one person,
Ga

===== PDF PAGE 17 =====
[Extraction: OCR (rendered-page OCR)]
two or more affidavits shall be used,
RULE 10, Arguments.
All arguments of Counsel and evidence must be confined to the points raised by the Objections to the
Objector’s Petition, with respect to the Nominating Papers. The Objector and the Candidate shall be
limited to fifteen (15) minutes each for the presentation of their case unless the Board, for good cause
shown, extends the period of presentation. All oral arguments following the close of evidence shall be
limited to five (5) minutes. Any Party who desires may submit arguments in writing; must do so at the
Hearing. Cross-examination of witnesses will be permitted at t etion of the Electoral Board. All
arguments of Counsel and evidence should be confined to th y raised by the Objections.
Y
*
RULE 11, Failure to Follow Directives. A “Ys, :
Failure to adhere to these Rules or to a direg of the Board, or ee to participate in the
ye
proceedings in good faith shall be a ground ford = Paxton or appropriate
issal of the Objecto
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sanction, as determined by the Electoral Board.
RULE 12, General Procedures.
For matters not covered
Eighteenth Judicial Cirgg
Board shall not be bouff
Rules of Order, newly revise 7) 7
7
ly om @*
RULE 13 D7 Ss _
Yj
essions. * Dy
After the ried yal Board conv
been considere ang ruled upon J pvded, Mewever, the Electoral Board may recess from time to time,
Wp Y
as required. ~~, yo
4
RULE 14, Findings.
The Electoral Board shall state its findings in writing, noting the Objections, which have been sustained
or overruled. The Electoral Board shall also state in writing whether the Candidate's name shall be
printed upon the Official Ballot.
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===== PDF PAGE 18 =====
[Extraction: OCR (rendered-page OCR)]
RULE 15. Review of Electoral Board Decision.
Any Party disagreeing with, or aggrieved by, the decision of the Electoral Board may exercise those
rights available under the Election Code for Administrative Review.
RULE 16. Rules Provided to Parties.
Candidate(s) and Objector(s) will be provided with a copy of the proposed Rules to be approved and
adopted by the West Chicago Municipal Officers’ Electoral Board time of service of the Call Notice
of the Hearing provided for herein.
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Adopted this 5th day of January, 2021, ~
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« 7. Officers i Board
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Lori Chidepee
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x 7 oral Board Member, James Beifuss
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“> % Electéfal Board Member, Nancy Smith
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ATTEST: YF
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Electoral Board Secretary, Nancy Smith