IL- Judge keeps homeless man off Oak Park ballot

3-10-2009 Illinois:

A Cook County judge ruled today that a homeless man's name cannot appear on the April 7 ballot for Oak Park village trustee because he did not list a home address on his nominating papers.

Attorneys for Daniel Fore said they will appeal the decision of Judge Patrick McGann. According to the judge and attorneys on both sides, the decision marked the first time in the United States that a court ruled on a homeless person's residency and eligibility to run for office.

Whether his appeal will be heard in time for the election remains to be seen. Early voting is scheduled to begin Monday. But even if the election occurs before an appeal is heard, it is still important to have the issue resolved, said Joseph Jacobi, an attorney representing Fore.

Fore gathered 800 signatures on his nominating papers and noted on his statement of candidacy he was homeless and living in Oak Park. He gave an Oak Park post office box as his address.

He has been homeless or living in transitional housing for 12 years and said he did not hide that fact from anyone who signed his petitions.

"I don't think they have a problem with it," Fore said after the ruling Monday.

But the Oak Park electoral board voted 2-1 last month to remove his name from the ballot because he did not list an address. State election laws require a candidate to put "the street and number thereof, if any" on their statement of candidacy.

Fore's attorneys maintain that "if any" gives someone without an address -- such as a homeless person -- the ability to seek office without having a permanent abode.

The judge disagreed, noting "if any" more likely refers to the rural route address system for people who live far from metropolitan areas where a street address and number are commonplace.

McGann also noted that providing an address gives voters the most basic information about a candidate.

Without any address or residence given, it is impossible to prove whether someone lives in the town, McGann said.

Attorney Mark Sterk, who represented the electoral board, said it was important to have the issue clarified because there are many homeless people and their numbers are growing.

Jacobi said he will appeal the ruling because it "narrows the election code unnecessarily" by requiring a fixed address for a candidate.

"People know I'm a resident," said Fore, who is often seen walking around the village. ..News Source.. by WGN9News