FOR IMMEDIATE RELEASE CONTACT: MS. TERRY PASTIKA

JUNE 29, 2005 Executive Director/ community lawyer

CITIZEN ADVOCACY CENTER

(630) 833-4080

CITIZEN FILES FREEDOM OF INFORMATION ACT LAWSUIT

AGAINST THE DUPAGE COUNTY ELECTION COMMISSION

TO VIEW BALLOTS AND ELECTION MATERIALS

ELMHURST: Glendale Heights citizen advocate Mr. Scott Kibort, represented by the Citizen Advocacy Center, has filed a lawsuit against the DuPage County Election Commission based on a denial of a Freedom of Information Act request to inspect public documents.

Mr. Kibort made a Freedom of Information Act request May 6, 2005 to inspect a series of election materials and records related to the April 5, 2005 Glendale Heights, Illinois Consolidated Election. Mr. Kibort specifically asked to inspect:

· All Ballots.

· All Absentee Ballot applications.

• Original Voters Registration cards for all ballot voters.
• Original Voters Registration cards for all absentee ballot voters.
• Poll Signature cards from all Precincts in the election.
• Ballot box tapes.
• Records of Election Judge Calls to Election Commission.

The Election Commission denied his right to inspect public documents by stating that the documents were exempt under the Freedom of Information Act. The Election Commission further stated that the Illinois Election Code does not permit access to the ballots, absentee ballots, or other items requested.

Mr. Kibort stated, “The Election Commission’s stance to deny access just encourages the bad to be bad without fear of retribution. They insinuate that the legislature gives them total authority without oversight. I say they are wrong and I hope Judge Popejoy will let them know the judicial branch has the power to correct their misguided ideas of law.”

Ms. Terry Pastika, Citizen Advocacy Center Executive Director and community lawyer stated, “Citizens have learned from the last two Presidential elections, that election systems across the board are far from flawless. Voter confidence that their vote will be accurately counted has been questioned nationwide. Election audits, such as what Mr. Kibort is attempting to conduct, are necessary to ensure the integrity of elections. Denying Mr. Kibort the capacity to perform such an audit calls into question the integrity of elections and adversely impacts the democratic process.”

Mr. Kibort has asked the Court to rule that the DuPage County Election Commission violated the Illinois Freedom of Information Act by failing to make public records available for inspection and to compel the Commission to immediately release the election material requested by Mr. Kibort for inspection.

The petition can be viewed on the Citizen Advocacy Center’s website at www.citizenadvocacycenter.org.

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