City Council — Naperville, IL
Date: 2024-11-13

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Agenda

 City Council

Wednesday, November 13, 2024 1:30 PM Council Chambers


 Municipal Officers Electoral Board



The Municipal Officers Electoral Board shall meet on November 13, 2024, at 1:30 p.m. at the City
Council Chambers, Naperville Municipal Center, 400 S. Eagle Street, Naperville, IL 60540.

A. CALL TO ORDER:

B. ROLL CALL:

C. INTRODUCTORY REMARKS BY BOARD CHAIRMAN:

D. APPROVAL OF MINUTES FROM DECEMBER 16, 2022 ELECTORAL
BOARD MEETING:
1. 24-1316 Approve the Municipal Officers Electoral Board meeting minutes for
 December 16, 2022

E. CONSIDERATION AND ADOPTION OF BOARD RULES OF
PROCEDURE:
1. 24-1317 Adopt Electoral Board Rules


F. CASE NO. 24-01, MCGUIRE et al. v. JAISWAL:
1. 24-1318 Case No. 24-01, McGuire et al. v. Jaiswal: conduct a hearing and issue a
 decision on objection to Jaiswal’s nomination filing for office of City
 Council

G. CASE NO. 24-02, MCGUIRE et al. v. SHABAZZ:
1. 24-1319 Case No. 24-02, McGuire et al. v. Shabazz: conduct a hearing and issue a
 decision on objection to Shabazz’s nomination filing for office of City
 Council

H. OTHER BUSINESS:



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City Council Meeting Agenda November 13, 2024



I. PUBLIC COMMENT:

J. ADJOURNMENT OR RECESS:
 Any individual with a disability requesting a reasonable accommodation in order to
 participate in a public meeting should contact the Communications Department at least
 48 hours in advance of the scheduled meeting. The Communications Department can
 be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at
 630-420-6707 or via e-mail at info@naperville.il.us. Every effort will be made to allow for
 meeting participation.




City of Naperville Page 2 Printed on 11/6/2024

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




 Meeting Minutes - Final

 Wednesday, November 13, 2024

 1:30 PM

Municipal Officers Electoral Board

 Council Chambers



 City Council
City Council Meeting Minutes - Final November 13, 2024


The Municipal Officers Electoral Board shall meet on November 13, 2024, at 1:30 p.m. at the City
Council Chambers, Naperville Municipal Center, 400 S. Eagle Street, Naperville, IL 60540.

A. CALL TO ORDER:

 Wehrli called the meeting to order at 1:30 PM.

B. ROLL CALL:
 Present: 3- Mayor Scott Wehrli
 Councilman Patrick Kelly
 Dawn Portner




 Also present: Mike DiSanto, City Attorney; Miranda Barfuss, Deputy Clerk;
 Sabrina Spano, Deputy City Attorney; Kristen Toberman, Senior Assistant City
 Attorney

C. INTRODUCTORY REMARKS BY BOARD CHAIRMAN:

 Wehrli outlined the format of the meeting and had the Electoral Board and City
 Attorney introduce themselves.

D. APPROVAL OF MINUTES FROM DECEMBER 16, 2022 ELECTORAL
BOARD MEETING:

1. Approve the Municipal Officers Electoral Board meeting minutes for December 16, 2022
 Attachments: Electoral Board Minutes - 121622

 Councilman Kelly made a motion to approve the Municipal Officers Electoral
 Board meeting minutes of December 16, 2022, seconded by Portner. The motion
 was approved by unanimous voice vote.

E. CONSIDERATION AND ADOPTION OF BOARD RULES OF
PROCEDURE:

1. Adopt Electoral Board Rules
 Attachments: Proposed Electoral Board Rules 2024_11_13

 Councilman Kelly made a motion to adopt the Naperville Electoral Board Rules
 as proposed, seconded by Portner. The motion was approved by unanimous
 voice vote.




 Councilman Kelly made a motion to authorize City Attorney, Mike DiSanto, to
 represent the Electoral Board and direct the proceedings, including making all
 necessary evidentiary rulings, subject to appeal to the entire Board, seconded by
 Portner. The motion was approved by unanimous voice vote.


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City Council Meeting Minutes - Final November 13, 2024


F. CASE NO. 24-01, MCGUIRE et al. v. JAISWAL:

1. Case No. 24-01, McGuire et al. v. Jaiswal: conduct a hearing and issue a decision on
 objection to Jaiswal’s nomination filing for office of City Council
 Attachments: Jaiswal Call 2024_11_05
 Jaiswal Objection 2024_11_04
 Jaiswal Candidate Filing 2024_10_28

 Councilman Kelly made a motion to open the hearing on Case No. 24-01,
 McGuire et al. v. Jaiswal, seconded by Portner. The motion was approved by
 unanimous voice vote.




 DiSanto discussed the Objector's filing and admitted appearances filed on
 behalf of the Objector by Mark Urda and on behalf of the Candidate Jaiswal by
 Jeffrey Meyer. Meyer filed a motion to dismiss. Urda objected to the motion
 being added to the record. DiSanto overruled the objection. Meyer presented his
 motion to dismiss the portion of the objection as it relates to the election date.
 Councilman Kelly made a motion to grant the motion to dismiss the date
 component of the Objector's petition, seconded by Wehrli. The motion was
 approved and carried by the following vote:

 Aye: 2- Wehrli, and Kelly

 Nay: 1- Portner




 Urda presented his case and request for a record check. Meyer cited his written
 request to limit the record check to the original 103 signatures that were timely
 requested.
 Councilman Kelly made a motion to sustain Meyer's request and direct a record
 check be performed on the original signature challenges that were timely filed,
 seconded by Portner. The motion was approved and carried by the following
 vote:

 Aye: 3- Wehrli, Kelly, and Portner




 Councilman Kelly made a motion to designate Naperville Senior Assistant City
 Attorney, Kristen Toberman, to conduct the record check in accordance with the
 Board Rules and present the results at the date the Electoral Board hearing is
 continued to, seconded by Portner. The motion was approved by unanimous
 voice vote.




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City Council Meeting Minutes - Final November 13, 2024


 Councilman Kelly made a motion to continue the hearing to Thursday, December
 5, 2024 at 9:00 AM in Council Chambers, seconded by Portner. The motion was
 approved by unanimous voice vote.




 DiSanto stated that the written decision granting the motion to dismiss will be
 prepared and presented at the continued hearing and the hearing is adjourned
 for the day.

G. CASE NO. 24-02, MCGUIRE et al. v. SHABAZZ:

1. Case No. 24-02, McGuire et al. v. Shabazz: conduct a hearing and issue a decision on
 objection to Shabazz’s nomination filing for office of City Council
 Attachments: Shabazz Call 2024_11_05
 Shabazz Objection 2024_11_04
 Shabazz Candidate Filing 2024_10_23

 Councilman Kelly made a motion to open the hearing on Case No. 24-02,
 McGuire et al. v. Shabazz, seconded by Portner. The motion was approved by
 unanimous voice vote.




 DiSanto discussed the Objector's filing and admitted an appearance filed on
 behalf of the Objector by Mario Palermo. Palermo presented his case and filed
 a certified copy of name change documents concerning Mr. Shabazz, an
 affirmed statement of a petition signatory, and a request for a record check.
 Shabazz objected to the affirmed statement being added to the record. DiSanto
 sustained the objection. Shabazz presented his case.
 Councilman Kelly made a motion to sustain the objection to Candidate Shabazz's
 nomination petition filing finding that, based on the totality of the circumstances,
 Candidate Shabazz failed to substantially comply with the Illinois Election Code
 mandate concerning properly disclosing his name change, seconded by Portner.
 The motion was approved and carried by the following vote:

 Aye: 2- Kelly, and Portner

 Nay: 1- Wehrli




 DiSanto asked if the Objector will withdraw the request for a record check
 based on having sustained the improper name change disclosure objection.
 Palermo asked to reserve the request for a record check.
 Councilman Kelly made a motion to reserve ruling on the record check, but
 terminate the proceedings based on sustaining the objection to the improper
 name disclosure, seconded by Portner. The motion was approved and carried by
 the following vote:


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City Council Meeting Minutes - Final November 13, 2024


 Aye: 3- Wehrli, Kelly, and Portner




 Meeting went into Recess at 2:53 PM.

 Meeting Reconvened at 3:57 PM.

 DiSanto circulated the written decision.
 Councilman Kelly made a motion to approve and adopt the written decision
 sustaining the objection, seconded by Portner. The motion was approved and
 carried by the following vote:

 Aye: 2- Kelly, and Portner

 Nay: 1- Wehrli




 Councilman Kelly made a motion to close the hearing on Case 24-02, McGuire et
 al. v. Shabazz, seconded by Portner. The motion was approved by unanimous
 voice vote.




 DiSanto tendered the meeting proceedings back to Mayor Wehrli.

H. OTHER BUSINESS:

 None

I. PUBLIC COMMENT:

 None

J. ADJOURNMENT OR RECESS:
 Councilman Kelly made a motion to adjourn the meeting at 3:59 PM, seconded
 by Portner. The motion was approved by unanimous voice vote.




 /S/ Miranda Barfuss
 Miranda Barfuss
 Deputy City Clerk




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