Rep. Scott Drury Appeals Ruling Tossing Him Off AG Ballot

HIGHLAND PARK, IL — State Rep. Scott Drury is appealing a decision by a Cook County judge to kick him off the Democratic primary ballot for attorney general. Judge Alfred Paul ruled Friday that Drury's name should not appear on the ballot in the March 20 election. The argument hinged on whether state lawmakers are in a different "unit" of government than is the attorney general for the purpose of filing economic interest statements – or whether they are both in the State of Illinois.

Drury, the only Democrat not to vote for the leadership of House Speaker Mike Madigan in the current General Assembly, blamed the state Democratic party for the decision. He said he knew the party would do anything to prevent a "proven reformer" from becoming the state's top lawyer.

"I have instilled a fear in Mike Madigan that has not been seen during his reign in Springfield," Drury said in a statement Friday. "Justice was not served today, but the battle is not over."

At issue is whether Drury's statement of economic interest he filed last spring to run as a state representative is sufficient for his name to appear on the ballot in the Democratic primary for attorney general.

Drury and his lawyers argue his paperwork was filed within a year, as required.

State Board of Elections hearing examiner Jim Tenuto wrote that Drury's April 2017 filing was "not applicable" and "renders the nomination petitions insufficient." The objection was raised by a mayor-appointed member of the Chicago Board of Crane Operator Examiners, the Chicago Sun-Times reported.

The board's general counsel disagreed and the board voted 5-3 that Drury should remain on the ballot. So his objectors went to court. And last week, a judge ruled in their favor.

Friday, Drury's campaign filed a notice of appeal contesting the decision. He asked a state appeals court to reverse the judge's decision and affirm the electoral board's decision. He also called for the court to order that his name be printed on every ballot until the appeal is complete.

If a stay isn't granted, "a new election may be necessary because of the potential taint of ballots being issued without his name," Drury's emergency motion argues.

The appeal has contributed to a delay in the start of early voting, which had been set to begin Thursday but has been pushed back to Feb. 21 in the Chicago area.

"The fact that Mike Madigan would rather taint the election for Illinois’ chief legal officer than have an attorney general he cannot control, demonstrates how little he cares for Illinois residents and how much he cares about his self-preservation," said Drury.

On Monday, a state appellate court granted Drury's motion and expedited the case, ordering all briefs and replies to be filed by the end of the week.

Drury is one of eight Democrats running to replace Attorney General Lisa Madigan. At least one of his primary opponents called for Drury to remain on the ballot, calling the judge's decision "typical machine shenanigans."