UPDATE: Library Questions Whether Moffat Can Run for 2 Offices

Just as he's going out the door to celebrate his 35th wedding anniversary, Jay Moffat checks his mail and finds a thick packet addressed in his name.

It's a hard copy of documents sent to Kane County Director of Elections Suzanne Fahnstock citing case law and questioning whether the library can certify Moffat's name on the April 9 ballot.

In December, Moffat submitted nomination petitions for three Geneva offices: School Board, Park Board and Library Board. He withdrew his name from the School Board race after advice from the Illinois Attorney General's Office suggested that parks and schools are incompatible.

He kept his name on the other ballots, he said, because he wanted to make sure voters had plenty of choices in the local elections, which sometimes go uncontested.

According to the documents Moffat received from the Library District's attorney, Roger A. Ritzman, the Library Board and Park Board are incompatible, as well.

The letter says election code requires Moffat withdraw within five days following the last date of filing petitions—which was Dec. 26, 2012. Absent that, it says, Moffat's candidacy "shall not be certified or printed on the ballot for any office."

Fahnestock said Friday afternoon that her office had received the documents, and the Kane County State's Attorney's Office is reviewing the request.

Moffat said in a brief phone interview Friday that could mean his name might be taken off the ballot for both elected offices.

"My desire to serve is being stifled," he said. "I hate to sound like sour grapes, but I think I did everything any reasonable person would do, short of hiring an attorney, to get this done right."

Moffat said he was concerned that Library Board members might have a personal "vendetta" against his candidacy. A co-founder of the TaxFACTS citizens group, Moffat also was concerned about the cost the legal counsel.

"I’m not questioning the validity of the case law, I’m questioning why a taxing district is doing so much research to get somebody off the ballot," he said. "Incompatibility exists only if I take the oath of office for both (boards)."

Library Director Matt Teske said Moffat simply was "copied into a letter seeking advice from the county to get their take on this situation."

"We’re not trying to kick anyone off the ballot," he said. "We’re just trying to get information from the Kane County Clerk’s Office."

Teske said he had let the Library District's attorney know about the multiple-ballot situation, and trustees were concerned about that, "so that prompted the letter going out."

"My understanding is we need to have our certified ballot to the county by Jan. 31," he said. "We need to know by that time."

Moffat said he had attended Library Board meetings since the ballot petitions were filed, and there was no discussion of the matter in open session. Nor was he contacted directly.

"If they had brought it to my attention, I would have stepped down," he said. "If I’m just now being made aware, should I not be given the courtesy of removing my name from one of those ballots? We’re spending taxpayer dollars and a lot of time to get me off the ballot instead giving me a simple phone call."

Moffat said that's just not the way politics should play out in a small, friendly community.

"If you’ve got an issue with somebody, talk to them," he said.

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