Val Montgomery Is Still an Option for Illinois 41st District
Montgomery remains on ballot despite redistricting error
Redistricting and gerrymandering is a widely used tactic by both parties to stay in power by creating biased voting boundaries. It has the ability to affect elections across the country, and it’s currently affecting an important race in Illinois’ DuPage County.
Val Montgomery is a Democratic candidate running for Illinois House of Representatives in the 41st district and lives in Naperville. The building she resides in was placed in the 49th district during a recent redistricting of the state map. Montgomery won her primary contest outright, and the error went unchecked until her opponent, Republican incumbent Grant Wehrli filed a lawsuit in late September stating she was ineligible to run in the district.
According to the Daily Herald, Judge Bonnie Wheaton ruled the county must correct the “coding error” and properly assign Montgomery’s residential address to the 49th district. The decision makes Montgomery ineligible to vote for herself, and if she wins she will be ineligible to serve in the 41st district.
Despite the ruling, Montgomery is not backing down and has chosen to stay on the ballot. She Votes Illinois sat down with Chicago Attorney Elizabeth Homsy who practices Election Law to discuss the possible outcomes of this race.
SVI: Val Montgomery is staying on the ballot even though she’s now technically ineligible to serve in the 41st district. What does that mean for the people who want to vote for her?
EH: As far as voting for her goes, she is the Democratic choice, and if people wish to vote for that they should definitely do so. Refusing to vote, or staying at home on Election Day, or voting for the Republican because he is the only person who is a guaranteed viability is not the approach I would take. If people are really passionate about voting for her they should vote for her.
SVI: If Montgomery wins, what happens next?
EH: Because she ran in the 41st district in good faith, she had no knowledge that she wasn’t [living in the district], there is definitely a shot that the DuPage Election Commission will hear her case and decide to seat her anyway. They may require that she move residences to remain a viable candidate, but if she experiences overwhelming support, the Election Commission may feel obligated to seat her. That doesn’t mean they will, but they are permitted to make a ruling to seat her knowing that some things will have to change before the next election.
SVI: If she wins, and the DuPage Election Commission does not permit her to serve, what’s the procedure in that scenario?
EH: Usually these circumstances lead to a special election, they don’t simply anoint the loser. If they require a special election, she can no longer enter onto that ballot in good faith. They will either need a different Democrat to run in that district or the Republican current incumbent will run again and run unopposed as he has for the last decade and a half.
SVI: What should voters in Illinois 41st District expect? What would you tell them?
EH: The thing I would tell people who still want to vote for her and are feeling really dejected is, vote for her anyway! You do not know how the commission is going to rule.
By Sophia Madana, Board Member, She Votes Illinois
