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‘Limbo’ status won’t stop Cunningham

Jack Cunningham

Jack Cunningham

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Updated: April 10, 2012 11:32AM

Jack Cunningham said he’ll keep campaigning against U.S. Rep. Judy Biggert even though he’s not sure he’ll be on the GOP primary ballot.

An appellate court on Wednesday ordered the Illinois State Board of Education to determine whether Cunningham collected enough valid signatures on his nominating petitions to qualify for the March 20 primary.

The ruling marks the latest twist in the still-undecided battle that’s already seen Cunningham knocked off the ballot, then restored to it — and now left “in limbo,” according to one attorney involved in the case.

Cunningham, though, said he will not give up the fight until there is a final ruling next week on whether his name will appear on the Republican ballot.

“I’m optimistic. We’re going to keep working until the fat lady sings,” said Cunningham, the longtime Kane County Clerk.

The appellate court found that two people who circulated Cunningham’s petitions may have failed to properly have the documents notarized. But the court left it up to the election board to determine on Monday which petition sheets are valid and whether Cunningham is left with enough signatures to run in the race for the new suburban district, which includes Aurora, Naperville, Plainfield and Joliet.

“Cunningham’s status on the ballot is in limbo,” said John Fogerty, the lawyer representing Biggert’s supporters. “It’s really unusual.”

On Feb. 5, the State Board of Elections ruled Cunningham off the ballot because of the signature issue. He appealed that decision, and the court put him back on the ballot in a Feb. 21 ruling.

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