City of DeKalb files to dismiss Linh Nguyen campaign’s fight for mayoral ballot placement

DeKALB – The city of DeKalb is seeking to dismiss a petition to remove mayoral candidate Linh Nguyen from voters’ ballots in the April 1 consolidated election.

Nguyen, a Northern Illinois University educator who’s running for DeKalb mayor in April, was bumped from the mayoral ballot by the city’s Electoral Board in November. In response, her campaign sought to fight that dismissal in DeKalb County court.

Now, city lawyers have asked a judge to toss that bid once and for all after a Thursday hearing in front of Chief Circuit Court Judge Bradley Waller. It’s not Nguyen’s last chance for ballot placement, however. She’s also running as a write-in candidate in a Democratic mayoral primary Feb. 25. Early voting for that one-race ballot already is underway in DeKalb. If she’s successful in the primary, her name could appear with three others – incumbent mayor Cohen Barnes, 7th Ward Alderman John Walker and NIU IT support associate Kouame Sanan – on the April 1 ballot.

In Jan. 21 court filings, City Attorney Matthew Rose argued that Nguyen’s mayoral primary bid negates her legal challenges regarding the city’s November decision to toss her from the ballot.

City lawyers wrote that Nguyen’s appeal “should be dismissed with prejudice because the declaration moots this lawsuit and precludes [the] plaintiff from pursuing inconsistent remedies and litigation positions in this lawsuit.”

In a statement Thursday night, Nguyen called the city’s filing unacceptable.

“The city’s motion to dismiss my appeal is a blatant attempt to deny voters their right to choose their mayoral candidate,” Nguyen said in a statement. “My appeal is not solely about my name appearing on the April 1 ballot; it is about upholding the principles of democracy and ensuring that all candidates are treated fairly under the law.”

In November, the DeKalb Electoral Board met to review objections filed against Nguyen’s candidacy. On Nov. 20, the city’s board tossed Nguyen’s name from the ballot, ruling that she filed her papers outside of the window “required by law.”

Nguyen said the city’s argument that her write-in candidacy negates her right to appeal is a flawed interpretation of the law.

“My appeal is to clarify DeKalb’s election procedures and to fight against the city’s voter suppression tactics,” she said in a statement. “I did not choose to run as a write-in candidate, but I was forced to do so by the city’s action to remove my name from the ballot. DeKalb forced an extra step in voter participation, a clear voter-suppression tactic. This is unacceptable in our democracy.”

Also during the hearing Thursday, Nguyen motioned a petition for a new judge.

Attorney Andrew Acker, who represents DeKalb resident William Vodden, the man who filed the original objection to Nguyen’s mayoral filing papers in November, said he sees no issue with Nguyen’s motion, which was granted.

“It’s a routine matter for the judge to be reassigned,” Acker said. “It’s within her right.”

Judge Jill Konen has been tapped to preside over the case going forward.

Nguyen stressed that this election is bigger than her campaign.

“My candidacy is not just about me but about the future of democracy in DeKalb,” she said. “I am determined to continue this fight for fair ballot access and voters’ right to choose. This is a fight we cannot afford to lose. This is about holding the city accountable for its actions. This is about ensuring that DeKalb voters are heard and ensuring the future of a strong democracy in DeKalb.”

The next court hearing is expected to be continued before Konen at 9 a.m. Monday at the DeKalb County Courthouse, 133 W. State St., Sycamore.