Foxx likely to be on ballot after hearing examiner finds ‘no other evidence of any kind’ to support challenge

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A hearing officer has recommended Cook County State’s Attorney Kim Foxx and Clerk of the Circuit Court hopeful Michael Cabonargi appear on the March primary ballot despite challenges to their nominating petitions.

Foxx had 3,362 signatures more than the required minimum of 7,279 needed to appear on the ballot after a petition challenge filed by former 2nd Ward Ald. Bob Fioretti’s campaign.

Fioretti’s team alleged Foxx’s petition sheets showed a pattern of fraud but “submitted no affidavits, no testimony of a handwriting expert, no testimony of an investigator and no other evidence of any kind other than summaries of the total number of invalid signatures” by specific circulators, hearing officer Barbara Goodman said in her recommendation.

“As the Candidate correctly pointed out, something more than a showing of the number of non-genuine signatures is required to show fraud,” Goodman said. “In other words, in order to strike signatures based on a pattern of fraud, some evidence beyond the results of the records examination is necessary.”

That lack of evidence and Foxx being well above the minimum are the reasons Goodman recommended the first-term state’s attorney be on the ballot.

In a statement, Foxx’s campaign manager Chrystian Woods said “as the hearing officer cited in their report, our opponent was given opportunities to present evidence for their claims and they failed to do so.

“The Friends for Foxx campaign is focusing on the voters, running a campaign centered on addressing the needs of Cook County residents and building on the progress of the last four years,” Woods said.

A request for comment from the Fioretti campaign was not immediately returned.

Ashlee Rezin Garcia/Sun-Times

Goodman also recommended Cabonargi appear on the March ballot. Cabonargi, who serves on the county’s Board of Review, is running for clerk of the circuit court. He was challenged by rival candidate Jacob Meister.

The county’s electoral board is expected to render final decisions in both cases at its Thursday meeting, scheduled to begin at 10 a.m.