Community canvassers representing Oak Parkers for Free Speech collected more than 3,500 signatures in support of a proposed November advisory referendum regarding whether Illinois should repeal laws that ban state investment in businesses that boycott Israel.
The notarized signatures – far more than the minimum required number of about 2,000 – were collected over 12 weeks and the group met an Aug. 3 village of Oak Park deadline for submission. But one objection to the petition signatures was filed by the Monday, Aug. 10 deadline, which will prompt a three-member village electoral board to determine whether that objection will be upheld.
Michael Kasper, an attorney with the Chicago government-relations law firm Kasper, Holmes & Dring, is representing objectors. In a call from Wednesday Journal, Kasper would not comment on the basis of the objection.
“I have a long-standing pattern of not commenting on my cases,” he said.
The Jewish Community and Friends for Democracy group noted in a prepared statement to Wednesday Journal that “the objectors in this matter are private citizens and registered Oak Park voters.
“While they have no formal affiliation with Jewish Community and Friends for Democracy, we support their decision to object as an integral part of the democratic process. Illinois law has long allowed objections to ensure only petitions meeting legal requirements reach the ballot.
“Jewish Community and Friends for Democracy (JCFD) believes that questions about a longstanding Middle East conflict do not belong on a local Oak Park ballot. Most importantly, this ballot measure is divisive and distracts our community from pressing local issues like access to health care and affordable housing.”
Process for electoral board
According to the village, the Illinois Election Code requires the village’s municipal electoral board to hear and issue a decision on any objection to petitions for public questions. In this case, Village President Vicki Scaman will be chair of the electoral board; Village Clerk Christina Waters will serve as secretary; and Jim Taglia, the longest-tenured village board member, will also participate.
However, Scaman is out of state on a personal matter and she said Tuesday morning she is still working to determine whether she will be able to participate via Zoom. She added the village attorney will determine whether her remote participation would be legal.
“No one has contacted me from village hall,” Scaman said.
If not, the pro-tempore replacement will likely be Trustee Chibuike Enyia, she said.
Taglia said Tuesday morning he hadn’t seen the objection.
“The electoral board is focused on the process and whether the process is followed and correct and appropriate. That’s what the focus is, not the subject of the referenda,” he said. “My understanding is I will be on it if it happens.”
The electoral board can only determine the procedural viability of the petitions on the basis raised in the objection. It does not review or decide on the substance or legality of the proposed referenda question.
Aug. 17 is the deadline for the village board – not the electoral board – to adopt an ordinance initiating a public question. If the electoral board sustains the objection, it may remove the question from the ballot. The Illinois Election Code notes the electoral board’s decision “shall be final subject to judicial review.”
The village also said Aug. 27 is the certification deadline, or the final day Waters can submit the public question to the Cook County clerk so that the question can appear on the November ballot. A certified copy of the question is the finalized, unchangeable version of the question that allows the Cook County clerk to prepare the ballot in advance of the Nov. 3 election.
“The process is the purpose”
Caren Van Slyke, a leader of Oak Parkers for Free Speech, was a canvasser and said the community response to its outreach was generally positive.
“I think people were really surprised and shocked Illinois has a law that has an anti-boycott thing to it,” she said. “We explained what that law did, shielded Israel and only Israel and gave it impunity for its human rights abuses. We wanted it to be on the ballot, we thought the public should have say in this and they were enthusiastic about that.”
Still, Van Slyke said there was pushback, and in some cases it was “vitriolic.
“It’s sad, but I will say it’s very few,” she said. “I also take as a good thing, that it was so few, because I think it’s a really good thing that we can have a discussion about important issues in Oak Park.
“I also felt that some of it was pretty vicious and unbecoming to our community. It was small but really unpleasant.”
Jesse Bauer is a co-organizer of Oak Parkers for Free Speech and was another canvasser.
“I think 90 to 95% was positive,” he said. “Most people were really surprised. That process of educating the public was well worthwhile and getting it on the ballot is important because people didn’t know this.
“We’ve said the process is the purpose.”