http://www.daily-chronicle.com/articles/2007/04/22/news/news01.txt
Wogen won't resign over mailer flap
By Benji Feldheim - Staff Writer
DeKALB - Victor Wogen said he will not resign after being elected 3rd Ward alderman in DeKalb, following residents looking into possibilities of reversing the result of the election because of Wogen's involvement with a controversial political mailing.
Wogen beat three-term incumbent Steve Kapitan for the 3rd Ward seat.According to Steve Strum, legal council for the state election board, Illinois law does not have provisions for election recalls.
Sarah Corrigan, a resident in the 3rd Ward, has gathered citizens in the ward, who also were upset about Wogen's involvement with the flier, to walk door-to-door within the ward and gather signatures for a petition that asks Wogen to resign as alderman.“
I contacted the city and county, and they said the election results will stand,” Corrigan said. “Our goal is to submit the petition before the council swears him in.”
When asked if he would step down, if a petition is gathered asking him to do so, Wogen said, “I will not resign.”
Corrigan and Catherine Kahle, also a 3rd Ward resident, said they asked Wogen on Monday if he knew anything about the flier. According to them, he said he knew nothing about it. Wogen declined to comment on the two conversations.
More than 1,800 fliers were received in the mail on Monday by 3rd Ward residents in support of Wogen, while simultaneously calling attention to code violations on Kapitan's house in DeKalb, and also declaring him “pro socialist,” and “extremely pro-gay” based on information taken from two Web sites.
Wogen told Chronicle staff on Tuesday and Wednesday that he knew nothing about the flier and was not involved.Post office employee Rich Hintz and postmaster Jim Ball confirmed on Wednesday that Wogen came to the post office on April 14 to check on a batch of fliers that did not have enough postage to send. The fliers were made by a group called Citizens for a Better 3rd Ward.
According to Hintz, Wogen purchased necessary postage to mail the fliers and returned them a few hours later stamped to be mailed.
Wogen changed his story later Wednesday and said he bought stamps on April 14 and returned the fliers with more postage affixed. When asked if he or any of the people helping him add postage to the fliers had read the content, he said no.
Wogen said that when he was first called by Ball about the lack of postage, he consulted Joe Wiegand, who was advising him on the 3rd Ward campaign.
Wiegand confirmed that he gave Wogen the advice to go ahead and add postage to the mailer. He said they did not discuss whether Wogen should look at it first.Wiegand said he did some campaign consulting for Wogen for free during the election. He declined to comment on whether he knew who was behind Citizens for a Better 3rd Ward.He called the mailing a “very effective and factual mailing.”
Asked whether it was fair to say in the brochure that the Socialist Workers supported Kapitan based on the Web site reference it used, Wiegand said, “I find no violation of logical sequence” in making the connection.
As to the flier's reference to the gay Web site and whether it was fair for Citizens to then refer to Kapitan as “extremely pro-gay,” Wiegand said, “I don't disagree with their conclusion.”
Because Wogen's victory was decided by only 14 votes, Kapitan would be eligible for a recount, according to Strum.
Absentee votes still are being counted, and denial of absentee votes can be challenged. Absentee ballots will be added to final vote tallies over the next two weeks.Kapitan could file a libel/slander lawsuit against the group that made the flier, although members of that body have not been identified nor have they come forward to claim responsibility.
A major aspect of such a lawsuit would be a clear identification of whoever committed the slanderous act.
Kapitan was not available for comment on whether he will pursue a recount or legal action.Part of the group's campaign efforts included a Web site detailing the same information as the flier, which was taken off the Internet Thursday.
According to Strum, the only way the state election board could be involved is if Citizens for a Better 3rd Ward spent more than $3,000 on the flier and Web site.
“If they spent $3,000, they would have had to identify themselves as a political action committee,” Strum said. “Our only recourse is to fine a group who passes that threshold without identifying themselves. It won't remove Wogen.”City Editor Chris Rickert contributed to this report.
Benji Feldheim can be reached at bfeldheim@daily-chronicle.com.
Copyright © 2007, Daily Chronicle. All rights reserved.
Wogen won't resign over mailer flap
By Benji Feldheim - Staff Writer
DeKALB - Victor Wogen said he will not resign after being elected 3rd Ward alderman in DeKalb, following residents looking into possibilities of reversing the result of the election because of Wogen's involvement with a controversial political mailing.
Wogen beat three-term incumbent Steve Kapitan for the 3rd Ward seat.According to Steve Strum, legal council for the state election board, Illinois law does not have provisions for election recalls.
Sarah Corrigan, a resident in the 3rd Ward, has gathered citizens in the ward, who also were upset about Wogen's involvement with the flier, to walk door-to-door within the ward and gather signatures for a petition that asks Wogen to resign as alderman.“
I contacted the city and county, and they said the election results will stand,” Corrigan said. “Our goal is to submit the petition before the council swears him in.”
When asked if he would step down, if a petition is gathered asking him to do so, Wogen said, “I will not resign.”
Corrigan and Catherine Kahle, also a 3rd Ward resident, said they asked Wogen on Monday if he knew anything about the flier. According to them, he said he knew nothing about it. Wogen declined to comment on the two conversations.
More than 1,800 fliers were received in the mail on Monday by 3rd Ward residents in support of Wogen, while simultaneously calling attention to code violations on Kapitan's house in DeKalb, and also declaring him “pro socialist,” and “extremely pro-gay” based on information taken from two Web sites.
Wogen told Chronicle staff on Tuesday and Wednesday that he knew nothing about the flier and was not involved.Post office employee Rich Hintz and postmaster Jim Ball confirmed on Wednesday that Wogen came to the post office on April 14 to check on a batch of fliers that did not have enough postage to send. The fliers were made by a group called Citizens for a Better 3rd Ward.
According to Hintz, Wogen purchased necessary postage to mail the fliers and returned them a few hours later stamped to be mailed.
Wogen changed his story later Wednesday and said he bought stamps on April 14 and returned the fliers with more postage affixed. When asked if he or any of the people helping him add postage to the fliers had read the content, he said no.
Wogen said that when he was first called by Ball about the lack of postage, he consulted Joe Wiegand, who was advising him on the 3rd Ward campaign.
Wiegand confirmed that he gave Wogen the advice to go ahead and add postage to the mailer. He said they did not discuss whether Wogen should look at it first.Wiegand said he did some campaign consulting for Wogen for free during the election. He declined to comment on whether he knew who was behind Citizens for a Better 3rd Ward.He called the mailing a “very effective and factual mailing.”
Asked whether it was fair to say in the brochure that the Socialist Workers supported Kapitan based on the Web site reference it used, Wiegand said, “I find no violation of logical sequence” in making the connection.
As to the flier's reference to the gay Web site and whether it was fair for Citizens to then refer to Kapitan as “extremely pro-gay,” Wiegand said, “I don't disagree with their conclusion.”
Because Wogen's victory was decided by only 14 votes, Kapitan would be eligible for a recount, according to Strum.
Absentee votes still are being counted, and denial of absentee votes can be challenged. Absentee ballots will be added to final vote tallies over the next two weeks.Kapitan could file a libel/slander lawsuit against the group that made the flier, although members of that body have not been identified nor have they come forward to claim responsibility.
A major aspect of such a lawsuit would be a clear identification of whoever committed the slanderous act.
Kapitan was not available for comment on whether he will pursue a recount or legal action.Part of the group's campaign efforts included a Web site detailing the same information as the flier, which was taken off the Internet Thursday.
According to Strum, the only way the state election board could be involved is if Citizens for a Better 3rd Ward spent more than $3,000 on the flier and Web site.
“If they spent $3,000, they would have had to identify themselves as a political action committee,” Strum said. “Our only recourse is to fine a group who passes that threshold without identifying themselves. It won't remove Wogen.”City Editor Chris Rickert contributed to this report.
Benji Feldheim can be reached at bfeldheim@daily-chronicle.com.
Copyright © 2007, Daily Chronicle. All rights reserved.
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