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GREEN BALLOT ACCESS CASE GOES TO APPELLATE COURT

BALLOT ACCESS CASE GOES TO APPELLATE COURT
ATTORNEY ALLEGES 'ABUSE OF JUDICIAL DISCRETION'
“More Democratic dirty tricks” were charged Thursday by the attorney in the ballot access case of Kathy Cummings, Green Party Candidate for
State Representative in the 4th Illinois District (Wicker Park, Humboldt Part, Ukrainian Village), as he filed an appeal for a hearing of the case in Appellate Court.

The Cummings' campaign had submitted
more than twice as many signatures on petitions for ballot petitions than is legally required - 3,494, well over the 1531 signature requirement. Attorney Andrew B. Spiegel had previously complained that he had been prevented from presenting evidence that would have countered
Democratic Party objections to Candidate Cummings petition signatures.

Among Spiegel's allegations of “abuse of judicial discretion” by Judge Hayes was a ruling Tuesday afternoon dismissing the case in which candidate Cummings is appealing Democrats' challenges to
her petitions. One of Spiegel's specific complaints was of not receiving any notice from Judge Hayes' clerk that the motion had been re-scheduled. Spiegel first learned that the motion was heard at 2:30 pm. on Tuesday, September 12th while he was out of town fighting
another ballot access case where the Democrats are trying to keep a candidate off the ballot.

“Judge Hayes has acted in a way which seems brilliantly calculated to dispose of this case, without ever having been forced to rule on its
merits, hear any evidence, or author any opinion,” said Campaign Manager Walter Esler, "This would make it possible for her to avoid the dilemma
of having to either go against Party wishes or else author an opinion likely to be reversed"

Two hours before the scheduled hearing on Cummings Motion to Reconsider, at 9:30 am. Monday, 9-11-06, Cummings' attorney Andrew B. Spiegel got a phone message from Circuit Court Judge Marsha D. Hayes' clerk. The message was that Judge Hayes was sick and canceled the 11:30 hearing on his motion. The message said they would call the next day to
re-schedule the hearing.

The next day Spiegel had an emergency hearing in Springfield, trying to insure the name of Joe Parnarauskis (Socialist Equality Party) appeared on the printed ballot. He left strict instructions at his office to call him as soon as Judge Hayes' clerk called.

The emergency hearing in the Springfield case began at 3:00 pm. Afterward, Spiegel called his office. He learned for the first time that the hearing had been scheduled for 2:30 Tuesday, the
very time he was before Judge Kelley in Springfield. Judge Hayes denied Spiegel's motion to reconsider and because Spiegel failed to appear.

An emergency appeal has now been filed with the Illinois Appellate Court, 1st District, under case number 06-2660, to try and correct this miscarriage of justice and to try and insure the voters of the 4th Representative District have a choice on November 7th . If Cummings is not on the ballot, the incumbent or not voting at all
for that office will be the only choice for the voters on election day.

On September 1st the Judge dismissed the case because attorney Spiegel was claimed not to have served respondents in the case with a copy of
the Petition for Judicial Review within ten days. Because of this, the court had no jurisdiction to hear the case, the Judge ruled.

As Judge Hayes pronounced this ruling, attorney Spiegel was waving a paper in the air. The paper was a receipt date stamped by the Post Office, proving timely service had been made on all parties. This submission, ignored by Judge Hayes, was crucial to the continuation of the case. Spiegel was prevented by Judge Hayes' Bailiff from
arguing that this time-stamped receipt showed there was no basis for dismissing the case.

“This was not the first time in this case that we were prevented from entering crucial evidence. We were treated in similar fashion by the Election Board,” said attorney Spiegel.

The evidence the Board refused to consider included 9 affidavits from voters whose signatures were challenged and proof of voter registration
in the case of 57 other voters. “The Board was refusing to accept its own records.” said attorney Spiegel. Cummings had more than enough
signatures to be on the ballot.

“By thus manipulating 66 petition signatures the Board denied the voting rights of 3494 voters who signed my petition and of any other voter who
wants a choice of more than one candidate this November,” said Ms. Cummings.

Among the issues candidate Cummings is stressing in her campaign are: Requiring Corporations to pay their fair share of taxes, thus lightening
property and sales tax burdens on families; a Corporate Code of Ethics; curbing insecticide spraying where child safety may be at risk.

The Daley administration recently blanketed the entire City with sprayings of insecticide. Candidate Cummings charged that this spraying
recklessly endangers children, especially those with asthma and other respiratory afflictions, and violates a state law requiring parental
notification.

FOR MORE INFORMATION ABOUT KATHY GO TO:
www.kathleenjcummings.com/
 
 

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