ORIGINAL BEFORE THE DULY CONSTITUTED CHICAGO ELECTORAL BOARD LEAH FRIED and ) DANIEL SHEEHAN, ; ) . Petitioners ~ Objectors, ; 15-EB-ALD-144 5 PATRICK O'CONNOR, } a Respondent — Candidate. ; = OBJECTORS' PETITI a Objectors, LEAH FRIED and DANIEL SHEEHAN, referred to as “Objectors” file their Objectors’ Petition challenging the legal and factual sufficiency and petition signers contained within the Nomination Papers submitted by PATRICK O'CONNOR, as follows. 1. Objector, LEAH FRIED, resides at 5630 N. Francisco, Zip Code 60628 in the City of Chicago, County of Cook, State of Illinois, and is a duly qualified, legal and registered voter at this same address in the 40" Ward of Chicago, Illinois, Objector, DANIEL SHEEHAN resides at 5719 N. Rockwell, Zip Code 60619 in the City of Chicago in the County of Cook in the State of Illinois, and is a duly qualified, legal and registered voter at this same address in the 40" Ward of Chicago, Illinois. 2. The Objectors’ interest in filing this objection is that of citizens and voters desirous of seeing to it that the election laws of Illinois and the City of Chicago governing the filing of nomination papers for the office of Alderman for the 40" Ward in the City of Chicago are properly complied with, and that only duly qualified candidates appear on the ballot for this office at the Chicago municipal general election to be held on February 24, 2015. 3 ‘The Objectors makes the following objections to purported nomination paper (“Nomination Papers”) of PATRICK O'CONNOR as a candidate for the office of Alderman for the 40" Ward in the City of Chicago, County of Cook, State of Illinois (“Office”) to be voted forat the City of Chicago municipal general election to be held on February 24, 2015 (“Election”) ‘The Objectors state that the Nomination Papers are insufficient in the fact and law for the reasons stated herein. 4, Pursuant to Illinois law, nomination papers for the office of Alderman for the 40" Ward in the City of Chicago must contain the signatures and addresses at least 473 duly qualified, registered and tegal voters in the 9 Ward of the City of Chicago, Illinois collected in the manner prescribed by law. In addition, nomination papers must truthfully allege the qualifications of the candidate and be gathered and presented in the manner provided for in the Illinois Election Code. 5. Three parcels of land, commonly known a 5315-5317 N. Lincoln Ave., Chicago, Illinois, and 5321 N. Lincoln Ave. Chicago, Illinois, (PIN 13-12-225-007-0000, 13-12-225-008- 0000 and part of 13-12-225-009-0000) were purchased and placed into a land trust administered by the Chicago Title & Trust Co., pursuant to a trust agreement date March 5, 2004, with trust number 1112973 (“Land Trust”). 6. The three parcels of land owned by the Land Trust were developed by contractors Vuk B. Zecevie and Branislav Zurie, and/or Zurie Builders LLC-5321 N. Lincoln 2D, into multi-unit condominium building spanning all three parcels of land, but bearing the common address 5321 N. Lincoln Ave., Chicago, IL and common name “Lincoln Avenue Terraces Condominiums” (“Condo Property”). 7. On October 20, 2005, Candidate executed a “Trustee's Deed Joint Tenaney” with the Land Trust, which conveyed as joint tenants Unit 3D at the Condo Property, 5321 N. Lincoln Ave., Unit 3D, Chicago, Illinois, which represents a 5.6% ownership share of the Condo Property. 8 Atalll relevant times, Candidate's wife, Barbara O'Connor, was the exclusivelisting agent for all sales of units at the Condo Property, earning a sales commissions for each sale in the Condo Property, and Candidate's relatives were involved in the operation of the Condo Property. 9. ‘The Condo Property is also governed by condominium declarations for the Condo Property, dated March 4, 2004, filed with the Cook County Clerk bearing Doc. 40535512117 (“Declarations”) provided at Art, III, Par. 2, that each unit owner, including Candidate, shall own an undivided interest in the common elements as tenants in common with all other unit owners. 10. The Declarations, at Art. V, also imposed upon each unit owner, including ‘andidate, the obligation to pay his proportionate share of common expenses for administration, maintenance and repair of the common elements, and other financial obligations. 11. For many years, the Condo Property, and its owners, including Candidate ahve been been arrears on debts owed to the City of Chicago arising from elevator inspections, permits, failed inspections, citations, violations, and fines imposed by the City of Chicago Department of Administrative Hearings, which remain due and owing and upaid for years. 12. For example, the Condo Property and its owners, including Candidates, are delinquent and in arrears on a violation 06-BS-06399A in the amount of $1,025.00, of which Candidate, as an owner of the Condo Property, would be responsible for 5.6%, or $57.40, which remains open, unpaid, and in arrears, as of the date November 13, 2014, when Candidate signed his Statement of Candidacy. 13, Pursuant to the Illinois Municipal Code , 65 ILCS 5/3.1-10-5, "A person is not eligible for elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality ..." Since the Candidate is in arrears on the payment of indebtedness due to the municipality as set forth herein and is disqualified from appearing on the ballot as a candidate for municipal office.14, In addition, Candidate's Statement of Candidacy is false and untrue, and in violation of the Election Code, since Candidate is in arrears on debts owed to the City of Chicago, and is not a duly qualified candidate for election as Alderman of the 40" Ward in Chicago, IL. 15, A-candidate must timely file a receipt for a statement of economic interests with the Cook County Clerk, which identifies the Candidate's name and office sought, as provided in the Election Code, 10 ILCS 5/10-5. Candidate's statement of candidacy and oath are false and defective in that the Candidate did not file a true, complete and correct receipt with his Nomination Papers. A true, complete and correct receipt from the Cook County Clerk is @ two page document, and discloses a Candidate's financial interests, and bears a signature with a date of signature, 16. Candidate filed a portion of a handwritten page, which does not bear his signature, the date of signature, nor any information that is required to be disclosed by Candidates in the Cook County Clerk's Statement of Economic Interests. As such, Candidate did not submit the receipt provided to him by the Cook County Clerk (which consists of two pages) and it is unclear what the document that was for filing of a Statement of Economic Intere submitted purports to be. Clearly, Candidate is seeking to conceal information from the public and thwart the full disclosure goals of the Election Code's provisions regarding a Statement of Economic Interests. 17. Candidate has failed to file with his nomination papers the receipt for the filing of Statement of Economic Interests, in violation of the Election Code, and is not an eligible or qualified candidate, and his Statement of Candidacy is false. WHEREFORE, the Objectors request the following: (a) a hearing on the objections set forth herein; (b) an examination by the Chicago Board of Election Commissioners of the officialrecords relating fo voters in the City of Chicago; (c) a determination that the Nomination Papers are legally and factually insufficient; (d) a decision that the name PATRICK J, O'CONNOR shall not be printed upon the official ballot for the office of Alderman for the 40" Ward of the City of Chicago, to be voted upon at the Chicago Municipal General Election to be held on February 24, By: LDadlaS Then Attorney for Objector 2015. Andrew Finko, P.C. Attorney at Law 79 W. Montoe St. /Suite 1213 Chicago, IL 60603 Tel: (773) 480-0616 Fax: (773) 453-3266