IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS

COUNTY DIVISION, ELECTIONS DIVISION

SHANA RENEE EAST and

DAVID TEMKIN,

Petitioners,
V.

DAVID ORR,in his capacity as COOK

COUNTY CLERK, CHICAGO BOARD OF
ELECTION COMMISSIONERS,and its
members, MARISEL A, HERNANDEZ, No. 2018 - COEL - 21
Chairwoman,WILLIAM J. KRESSE,
Commissioner,JONATHON T. SWAIN,
Commissioner, and its LANCE COUGH,
Executive Director of the Chicago
Board of Election Commissioners,
and ANDREA RAILA,

Respondents.

Emergency Motion for Temporary Restraining Order.

Preliminary Injunction and Permanent Injunction

Petitioners, Shana Renee East and David Temkin, through counsel, file their

emergency motion for temporary restraining order, preliminary injunction and

permanent injunction, pursuant to 735 ILCS 5/II-101, et seq., with supporting

affidavits, as follows.

Introduction

Illinois has a well-documented history of desperate candidates using

fraudulent means to circumvent the Election Code's safeguards and signature

gathering requirements. See e.g., Nader v. Keith, 385 F.3d 729, 733-734 (7th Cir.

2004) (Illinois is "a state [] notorious for election fraud"); Fortas v. Dixon, 122

IIl.App.3d 697 (1984); Huskey v. Municipal Officers Electoral Board, 156 Ill.App.3d 201
(1988); Canter v. Cook County Officers Electoral Board, 170 Ill.App.3d 364 (1988);

Cunningham V. Schaeflein, 2012 ILApp (1st) 120529.

Andrea Raila has elevated the pattern of fraud "strategies" to new levels of

deception, through a mail-in petition scheme, of which she is proud, Ms. Raila

testified, proudly, that she would definitely use the same strategies in future

campaigns.

Andrea Raila's nomination papers confirm that the bigger the fraudulent

scheme, the longer an objection will last, and the greater the likelihood that

election authorities will take no action regarding an electoral board's decision.

When an objection proceeds longer than others, the odds of the candidate !

remaining on the ballot increase because the burden shifts to the objectors to bring

a lawsuit to give meaning and recognition of an electoral board's decision.

Oddly, Andrea Raila, fueled by her counsel's misrepresentations, is now

proclaiming victory, by virtue of her name remaining upon the ballot. Indeed, her

counsel's order in matter 2018-COEL-19 devoted a. large part of the page to a

representation about ballot placement, which was not the decision of the electoral

board that is brought before the court for review. See attached Report from

Chicago Tonight.

Raila is also clearly colluding with the incumbent, and it was the incumbent's

spokeswoman, Monica Trevino, that contacted the objectors and attempted to

coerce them into withdrawing their objection, so that Raila's name remains on the

ballot. See attached report from Chicago Tribune.

 This is not the candidate, or fact pattern, that warrant extraordinary actions

of ballot inclusion. The status quo at present, if the electoral board decision is

recognized and enforced, is that the name of Andrea Raila shall not be printed

upon any ballot.

However, it is apparent that the process herein has failed, because the Cook

County Clerk has not issued a corrected ballot certification, reflecting the electoral

board's decision, and both the Cook County Clerk and the City of Chicago intend

to program touch screen voting machines, and print ballots, which contain the

name of Andrea Raila listed.

A candidate that was found to be the "mastermind" of a wide-spread pattern

of fraud, should not be permitted to remain upon any ballot for the March 20,

2018 primary election. To allow this to occur would be tantamount to sanctioning

her actions, and vitiating the Election .Code provisions governing the review of

nomination papers by an electoral board.

Unfortunately, the issue presented herein is not new. The failure to print-

ballots as certified by the proper authority may subject these officers to an order of

mandamus. People ex ret. Laux v. Board ofElection Com'rs of Chicago, 337 111. 477, 169

N.E. 233(1929).

Argument

The Election Code contains signature requirements to ensure that only the

names of legitimate candidates are printed upon the ballot, and additional

requirements to maintain the integrity of the electoral process. Illinois relies upon
objectors to vet candidate nomination papers, and if warranted, proceed with an

objector's petition filed pursuant to 10 ILCS 5/10-8.

Upon the filing of an objector's petition, the matter is delegated to an

electoral board which is charged with administering the fact-finding process, and

rendering a decision regarding the factual and legal sufficiency of the nomination

papers. An electoral board's decision is the method for removing a candidate from

the ballot. A candidate is assured due process through a petition for judicial review.

See generally, 10 ILCS 5/10-8 through 10-10.1.

The Electoral Board, through its hearing examiner, is the finder of fact. "It is

the responsibility of the trier of fact to assess credibility and the weight of their

testimony, resolve conflicts of evidence and draw reasonable inferences from the

evidence..." People v. Rod McCuUoch, 404 Ill.App.3d 125,131-132(2"^ Dist. 2010).

The Cook County Officers Electoral Board adopted the findings of its

hearing examiner who made factual determinations as follows (Recommendation,

Pg. 21):

As to the first issue, objector has proven by clear and convincing

evidence that the candidate, Andrea Raila, as well as several of her
inner circle circulators and notaries, engaged in a concerted,
intentional pattern of fraud, both as to circulation, as well as notariad
acts.

The fraud included the intentional signing of circulator's affidavits

by persons other than the actual circulator on petition sheets which
were mailed in unsigned. The notarizing of mailed in petition sheets
that came in with the circulator portion signed but un-notarized,
wherein the notary stamp and signature was placed outside the
presence of and without the person of the actually circulator present
and sworn, and the passing out, re-circulation, and subsequent
completion of the circulator affidavits, as needed, by subsequent
circulators of partially completed petition sheets sent in by these "mail
in" circulators.
 The hearing examiner's recommendation summarized the evidence

presented into the record through both affidavits and live witness testimony, and

concluded that indeed, Andrea Raila designed, coordinated and implemented a

widespread pattern of fraud. Specifically, the recommendation found that "in this

case it is the false notarization, false circulating, re-circulating, that the fraud lies."

(Recommendation, pg. 65.)

The Cook County Officers Electoral Board found that the nomination papers

of Andrea Raila were factually and legally insufficient, that Andrea Raila was not a

duly qualified candidate. The Board's decision affirmed and adopted the pattern of
fraud findings of its hearing examiner, and held that the name ofAndrea Raila shall ,

not be printed upon the ballot for the March 20, 2018 primary election. See

Decision, attached to Complaint as Exh.A.

Petitioners have already succeeded upon the merits, through the Cook

County Officers Electoral Board's decision issued in response to their objectors'

petition. Only the names of duly qualified candidates seeking the Democratic

Party's nomination for Cook County Assessor should be printed upon the ballot.
Temporary Restraining Order & Preliminary Iniunction.

The circuit court may issue a temporary restraining order and order a

preliminary injunction pursuant to 735 ILCS 5/11-101 and 11-102.

The Illinois Supreme Court, essentially following the federal scheme, has

said that when proper notice is given, TROs follow the rules for preliminary

injunctions:
 [A] temporary restraining order issued with notice is, in its practical
results, no different than a preliminary injunction issued with
notice. . . . Accordingly, we hold that a temporary restraining order
issued with notice and a preliminary injunction issued with notice,
neither of limited duration, are the same type of relief, and whether
referred to under either term require a showing of the likelihood of
ultimate success on the merits of the case.

Kable Printing Co. v. Mount Morris Bookbinders Union Local 65-B, 63 I11.2d 514, 349

N.E.2d 36,40(1976). See also, O'brienv. White, 219 111.2d 86(2006).

"[A] hearing on a motion for a TRO is a summary proceeding, and even if

the defendant files a verified answer, the court still proceeds in a summary fashion,

hearing only arguments on the motion for the TRO." Passon, 242 111. App. 3d at 263,

608 N.E.2d at 1349.

Injunctive relief is also properly sought to prevent a wasteful expenditure of

public funds and to prevent the holding of an election under an unconstitutional

statute or any election called in violation of the Constitution. See, e.g., Niebling v.

Town ofMoline, 8 I11.2d 11,131 N.E.2d 535 (1956); Coalitionfor Political Honesty v. State .

Board ofElections, 65 I11.2d 453, 359 N.E.2d 138(1976).

A preliminary injunction may be issued if the plaintiff proves, by a

preponderance of the evidence, that (a) he or she possesses a certain and clearly

ascertained right that needs protection,(b) he or she will suffer irreparable injury

without the protection of an injunction,(c) there is no adequate remedy at law for

the injury, and (d) he or she is likely to be successful on the merits. Torres v. Board of

Election Commissioners for City of Chicago, 142 lll.App.3d 955, 492 N.E.2d 539, 97

Ill.Dec. 103 (1st Dist. 1986). See also, III Beta Chapter ofSigma Phi Epsilon Fraternity

Alumni Bd. v. III. Inst. ofTech., 409 111. App. 3d 228, 231, 946 N.E.2d 1118,1122 (1st Dist.
2011); Murges v. Bowman, 254 111. App. 3d 1071, 1081, 627 N.E.2d 330, 337 (1st Dist.

1993); O'brien v. White, 219 111.2d 86 (2006); Delagado v. Ed. ofElection Commissioners

for City ofChicago, 865 N.E.2d 183(2007).

Petitioners are likely to succeed upon the merits of their allegations that

Andrea Raila should not be shown upon any ballot. The Cook County Officers

Electoral Board have already confirmed this fact, and the Election Code provides

that only duly qualified candidates' names should be printed upon any ballot.

The rights of the Petitioners-Objectors are defined in the Election Code, 10

ILCS 5/10-8, and they have a right to rely upon the decision of the electoral board,

and rely upon that decision having meaning and effect.

There is no remedy available at law. No amount of money could compensate

them, or otherwise right the wrong that would be perpetrated upon all voters in

Cook County if a sham candidate's name was printed upon the ballot. The issue of

no adequate redress (and inevitable problems on election day) was discussed in

Hennings, as follows:

Except for the overall supervision of the county clerk, or his

counterpart, and appointed subordinates, the work of conducting
elections in our society is typically carried on by volunteers and
recruits for whom it is at most an avocation and whose experience and
intelligence vary widely. Given these conditions, errors and
irregularities, including the kind of conduct proved here, are
. inevitable, and no constitutional guarantee exists to remedy them.
Pettengill v. Putnam County R-1 School Dist., 472 F.2d 121 (8th Cir. 1973);
Powell V. Power,436 F.2d 84(2d Cir. 1970); see also Means v. Wilson, 383
F.Supp. 378(D.S.D. 1974).

Hennings v. Grafton,523 F, 2d 861, 865 {7^ 1975).

Petitioners-Objectors would be irreparably harmed if a TRO and injunction

are not issued. Please see affidavits attached.

 There are no ballots currently being printed by Cook County Clerk, David

Orr. See affidavit of Andrew Finko, attached. The actions of the Clerk taken now,to

correct the ballot certification, and remove the name of Andrea Raila from the

ballot, with almost a month before the election on March 20, 2018, would save

taxpayer money and result in a more orderly, and meaningful, primary election.

The printing of the name of Andrea Raila upon the ballot would not only be

in direct violation of the electoral board's decision, but would be tantamount to a

sham candidacy. The analogous situation was discussed in Smith v. Cherry, as

follows:

^ 19 In Smith, an unsuccessful candidate for the Democratic

nomination for the Illinois Senate and a voter in the primary
challenged the results of the primary election, alleging that the winner
was a "sham" candidate in that he intended to, and did, run as a stand-
in so that he could use his popularity to win the nomination and then
withdraw so that party insiders could fill the vacancy with a candidate
of their choosing. Smith v. Cherry, 489 F.2d 1098, 1100 (7th Cir.1973)
(per curiam). The Smith court noted that the fraud involved was
intimately connected with the face of the ballot and had the purpose
and effect of deceiving voters as to the actual effect of their votes
because a vote for a sham candidate was really a vote for another,
undisclosed person.Id. at 1101.

Shermanv. Indian Trails Public Library, 2012 ILApp (1st) 112771, % 19.

In the present situation, a vote for Andrea Raila is a vote for the incumbent,

who is supporting and promoting her candidacy to dilute the non-incumbent

voters. Nothing short of a sham candidacy is being perpetrated, and the election

officials are indirectly complicit if the name of Andrea Raila is shown upon any

ballot.
 Adnrea Raila is a "sham" candidate because the electoral board determined

that her name should not be printed upon any ballot. She is not a qualified

candidate, and could not be elected. But that was never her purpose.

Placing her name on the ballot is no different from placing any other

random woman's name upon the ballot, who did not comply with the Election

Code requirements applicable to nomination papers. The inclusion of Andrea

Raila's name upon the ballot would be a "sham" and a fraud on the public,

particularly where election day operations are far from ideal or precise. Placing

sham candidate names upon the ballot is nothing short of "willful conduct that

undermines the organic processes by which candidates are elected." Gonzales v.

Madigan, No. 16-cv-7915 Sept. 11, 2017 (Hon. Matthew Kennelly Memorandum

Opinion & Order Dkt. #64)

WHEREFORE, Petitioners, through counsel, respectfully request entry of a

temporary restraining order and preliminary injunction as follows:

(a) directing the Cook County Clerk to adhere to the decision of the Cook

County Officers Electoral Board in the matter East and Temkin v. Raila, 18-COEB-

CCIO, and certifying a ballot that does not contain the name of Andrea Raila;

(b) preparing all ballots and voting machines with only the names of duly

qualified candidates, and taking all steps necessary to prepare ballots and program

voting machines with only the names of duly qualified candidates, without the

name of Andrea Raila appearing anywhere upon any of the ballots and voting

machines used for early, mail-in, election day, and all other voting in relation to the

March 20, 2018 primary election;

 (c) publicly posting and proclaiming information that reflects that the

name of Andrea Raila shall not be printed upon any ballot, including sample

ballots, website information, and all other locations at which candidate information

is provided to the public;

(d) printing newspaper advertisements in the Chicago Tribune, the Sun-

Times, and a locally distributed news paper, on at least three days prior to March

20, 2018, public statements that the name of Andrea Raila was erroneously

reported as being on the ballot, and that such information was erroneous because

she was removed from the ballot due to a pattern of fraud finding by the Cook

County Officers Elector2d Board;

(e) any other relief in favor of the Petitioners that would enforce the

Election Code, maintain the integrity of the electoral process, and allow the

orderly, efficient and reliable administration of the March 20, 2018 primary

election.

Respectfully submitted:

By: /s/Andrew Finko

Attorneys for Petitioners

Michael Dorf Andrew Finko (Cook #80263)

130 N. Michigan Ave. 180 W.Washington St.
Suite 2130 Suite 400
Chicago,IL 60601 Chicago, IL 60602
Tel (812)781-2806 Tel(778)480-0616
mdorf@adlmb.com Fax (778)458-8266
Finkolaw@fastmail.fm

10
 1 of2

chicago.suntimes.com

Joe Bemos rival Andrea Raila back on

assessor

Alexandra Arriaga email Sign-Up for our Newsletter Sign-Up

2-3 minutes

Despite ongoing conflict regarding her legitimacy as a candidate,

challenger Andrea Raila's name will ultimately join those of
incumbent Assessor Joe Berrios and Fritz Kaegi on the March
primary ballot.

The Cook County Electoral Board voted to kick Raila off the ballot
last week, but her Circuit Court appeal at deadline on Tuesday
coincided with the Cook County clerk's deadline to ready ballots for
print.

Cook County Clerk spokesman Nick Shields said if the board's

decision is overturned, nothing will happen and voters will have
three options for assessor. If the board's vote is held up in court,
voters will be given a notice that Raila is disqualified as a
candidate, although the candidate could still appeal that decision in
appellate court.

"How we're proceeding so far is because we're following the law

and what the law says," Shields said."The campaign had every
right to file that appeal and we're following the law in terms of what
comes next."

Raila's name on the ballot is a potential boon for Berrios, who has
been under fire for how his office's evaluation of properties impacts
low-income homeowners versus wealthy property owners.

The conventional wisdom is that a multi-candidate field is more

likely to split the opposition vote, giving Berrios a better shot at

victory.

The Electoral Board earlier ruled Raila's campaign had "engaged in

about:reader?url=https://chicago.suntimes.com/ncws/at-the-last-niinute-andrea-raila-back-on-asses.sor-ballot/
 2 of2

a concerted, intentional pattern of fraud, both as to circulation, as

well as notarial acts." Raila said she's not considering another
appeal if she is ultimately disqualified.

"That's not a reality, my name is on the ballot, that is the reality, and
23,000 people that signed petitions expect to see me on the ballot
and many of them are voting for me today," Raila said.

Representatives for Berrios declined to comment. Kaegi's

representatives did not respond to a request for comment.

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 1 of4

chicagotonight.wttw.com

2 Runining for Cook County Assessor,

Yet 3 on the Ballot
| Chicago Tonight
4-5 minutes

Another odd twist in embattled Cook County Assessor Joseph

Berrios' bid for re-election: The Cook County Electoral Board has
ruled that it is supposed to be a two-person race between Berrios
and challenger Fritz Kaegi. So why will a third person be on the
ballot?

The petitions of one candidate - tax appeal attorney Andrea Raila -

were challenged and found by the board to be not in compliance.
Though Raila was ruled off the ballot, her name will still appear on
the ballot because she appealed the decision in court, and the
deadline has passed for county and city officials to print ballots and
get touch screen software ready for the March 20 election.

So county election officials had to go ahead and put her name on

the ballot- making it appear to be a three-way race for county
assessor. The reason officials included her name was that if the
court overturns the election board's decision and rules in her favor,
they wouldn't be able to put her name on the ballot at the last
minute. Now, if the court affirms that she is disqualified from the
race, every voter will simply get a paper printout essentially telling
them to ignore the name Andrea Raila, that she is not an actual
candidate, and that a vote for her is a vote wasted.

But Raila, who voted early for herself in the Loop on Wednesday,
says the move is vindication.

"I voted of course for Andrea Railla, which is on that ballot," Raila
said."My name should be on that ballot. It was on all of the ballots
overseas, its on all early voting ballots, and this is what democracy
really is all about."

Meanwhile, incumbent Berrios is taking a lot of heat because of the

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 2 of4

scathing reports on how he has assessed property values. The

latest one, backed by his office and Cook County Board President
Toni Preckwinkle, concluding that it is very regressive and akin to a
wealth transfer from poor property owners to wealthy ones.

RELATED: Property Tax System 'More Regressive'in Cook

County. Report Finds

In a one-on-one race, his challenger, self-financed investment

banker Kaegi, has a direct shot to take him on. But with two
opponents, it could split the anti-Berrios vote and gives him a
clearer path to victory - something Kaegi says he will see does not
happen.

"The polling shows we're well ahead in a three-way poll," Kaegi

said. "The polling shows people want an ethical assessor, someone
who doesn't act above the law, and we think the voters will make
their decision that way."

v. <s "••• • •••

iiiii

i!*'. *■ ill
Andrea Rails

Also on Wednesday, Kaegi received the endorsement of a handful

of South Side Latino and African-American aldermen, saying that
Berries would not represent the homeowners in their wards well.
Berries countered with a long list of aldermen who have endorsed
him. There is some thought that Berries himself is behind the
candidacy of Raila, and they've accomplished what they wanted by
keeping her on the ballot.

But it's a charge both camps flatly deny.

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 3 of4

Follow Pahs Schutz on Twitter:(p).paschutz

Related stories:
¥2:

2018 Primary: Cook County Assessor

Feb. 19: Learn about the candidates running for Cook County
assessor in the March 20 election as part of WTTW's 2018 Voters'
Guide to the Cook County Primary.

Berries to Face One ChaSienqer in Race for Cook County

Assessor

Feb. 6: Another race in the March 20 primary that is heating up:

Cook County assessor. The field narrowed Tuesday to one
contender taking on incumbent Joe Berries, but the dirt is still flying.

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 4 of4

Clock Ticking on Probe of Cook County Assessments

Feb. 1: Is an independent review of the Cook County assessment

process just a political cover for embattled Assessor Joe Berrios?

about:readcr?url=https://chicagotonight.wttw.com/2018/02/2l/2-running-cook-county-assessor-yet-3-ballot
 1 of3

chicagotribune.com

Bemos aide tried to keep

primary to avoid one-on-one race
Hal Dardick

4-5 minutes

Cook County Assessor Joe Berrios' campaign spokeswoman took

steps to try to keep a primary challenger on the March ballot and
prevent a one-on-one matchup with asset manager Fritz Kaegi.

An election official on Monday recommended Democratic assessor

candidate Andrea Raila be kicked out of the race because of a
problem with the petition signatures she needs to run. Soon after,
Berrios spokeswoman Monica Trevino sent a private Facebook
message requesting an objection to Raila's candidacy be dropped,
possibly clearing a path for her campaign to continue.

Trevino's message went to Shana East, who had filed the objection
against Raila. East is a board member of Our Revolution Illinois, a
group that endorsed Kaegi early in the race.

"I really think it's foul what Fritz is doing to Andrea," stated Trevino's
message, which East provided to the Tribune."Regardless of your
thoughts about Berrios we should never silence a woman. You
were an objector. Anyway, you pull that objection and allow voters
to decide. Fritz is bullying a woman."

Kaegi's campaign on Friday suggested the message showed that

the Berrios and Raila campaigns were "coordinating." Kaegi's
campaign prefers a one-on-one matchup with Berrios. Beating him
in the primary could prove especially difficult if any anti-Berrios vote
is split by two opponents.

But Trevino said in a statement she "was never asked by anyone to

contact East," with whom she worked on Cook County
Commissioner Jesus "Chuy" Garcia's 2015 campaign for mayor. "I
was reaching out to her because she and I are friends."

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 2 of 3

"I'm saddened to hear that a private conversation between two

friends about the solidarity for women was disclosed," Trevino said.
"Regardless of the side we are on, I would never condone the
bullying that Andrea Raila has been subjected to by Fritz Kaegi in
his attempt to keep her off the ballot."

Berrios did not return phone calls on Friday.

East said she and Trevino talked on the phone after the original
Facebook message. Trevino tried to convince her that objecting to
Raila's petitions would go against their shared belief in progressive,
feminist causes. East said.

The conversation, East said, left her "overwhelmed," to the point

that she "didn't know what to do." She said called to county election
officials to determine what would be involved in removing herself as
an objector to Raila's petitions.

Raila confirmed that she, too, talked to East about withdrawing as

an objector, adding that she also spoke to David Temkin, the other
objector in the case. But Raila said she did not even know who
Trevino was, and Trevino said she was not aware of any
conversation between Raila and East.

In the end. East said she decided to not withdraw her objection
after talking to someone from Kaegi's campaign."I'm 100 percent
supporting Fritz Kaegi," she said.

Berrios is seen as vulnerable in some quarters amid controversy

over his methods for assessing property and habit of hiring relatives
to work in his office.

"The Tax Divide." a series published by the Tribune and ProPublica

Illinois, concluded that Berrios' assessment practices gave
unwarranted tax breaks to the wealthy, pushing more of the burden
onto the poor.

The fate of Raila's campaign could become more clear on Tuesday,

when the county's Electoral Board is scheduled to hear the case. A
hearing officer concluded the Raila campaign engaged in a "pattern
of fraud" in an attempt to secure enough signatures to run in the
race and recommends she be removed from the ballot.

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 3 of3

Raila said of the hearing officer's recommendation:"There's nothing

that was a deep pattern of fraud, and I will prove that."

hdardick(ia>.chicaaotribune.com

Twitter ^.ReoorterHal

RELATED: Barrios challenger Kaeqi calls assessor's office 'for sale'

as candidates hold dueling news conferences »

1 Berrios challenger could be off ballot leaving a one-on-one race

for Cook County assessor »

Kaeqi overcomes challenge to his bid to run against Berrios »

about:reader?url=http://www.chicagotribune.com/news/local/politics/ct-joe-berrios-raila-kaegi-ojection-20180209-story.html
 Aifidavit

The undersigned, under penalties as provided in Section 1-109 of the Code

of Civil Procedure, verify and affirms based upon personal knowledge the
following facts.

1. I am counsel for Objectors-Petitioners, Shana Renee East and David

Temkin in the matters before the electoral board and Circuit Court pertaining to
the nomination papers of Andrea Raila.

2. On February 15, 2018, after the electoral board decision was issued
holding that the name of Andrea Raila shall not be printed upon any ballot, the
undersigned emailed to the Cook County Clerk and the Chicago Board of Election
Commissioners, to confirm that the name of Andrea Raila would not be printed
upon any ballot. See email attached.

3. On February 14 or 15, 2018 the undersigned called the Cook County

Clerk's office and asked to speak with Noah Praetz, Director of Elections, but was
advised that Mr. Praetz was out of town for the week, and would not return to his
duties at the Clerk's office until Tuesday February 20, 2018.

4. On February 15, 2018, starting at 8:12PM, counsel received a telephone

call from Colleen Gleason at the Clerk's office, who told Andrew Finko that she was
proofing Republican ballots the week of February 12, 2018, and would not start
upon proofing Democratic ballots until the week of February 20, 2018, and that
ballots would not be dispatched to the printer until after the proofing of the ballots
was completed.

5. Counsel relied upon the representations of Colleen Gleason, and

believed here statements made on February 15, 2018 to be truthful and accurate.

6. Under penalties as provided by law pursuant to Section 1-109 of the

Gode of Civil Procedure, the undersigned certifies that the statements set forth in
this instrument are true and correct, except as to matters therein stated to be on
information and belief and as to such matters the undersigned certifies as aforesaid
that the undersigned verily believes the same to be true.

2/22/2018
 AFFIDAVIT

I, Shana Renee East . under oath and pursuant to penalties as provided in , >a
Section 1-109 of the Code of Civil Procedure, to affirm and verify the following ^ ^
facts and statements based upon my person knowledge and belief, and if called to
testify would testify as follows: ■ -

1. I am a registered voter in Cook County, Illinois, and intend to vote in

the March 20, 2018 Democratic Party primary election for one of the two ballot-
qualified candidates seeking the nomination for Cook County Assessor.
2. I am one of the objectors that filed an objectors' petition contesting
the nomination papers filed by Andrea Raila as a candidate seeking the Democratic
Party's nomination for Cook County Assessor, with the caption Shana Renee East
and DavidTemkin'Os. Andrea Raila, Ho,^0\^-COE^-CC.\0.

3. I reviewed the decision of the Cook County Officers Electoral Board

that found a pattern of fraud orchestrated, coordinated and executed by Andrea
Raila which rendered her nomination papers invalid.

4. If the decision of the Cook County electoral board is not enforced and
recognized, then I am irreparabiy hantKHi because my rights as a voter and my
rights as an objector under the Election Code are being ignored and trammeled.
5. If the decision of the Cook County electoral board is meaningless and
has no impact on the election, then the process of allowing objector review and test
the sufficiency of candidate nomination papers has totally failed, and is rendered
utterly futile.

6. As a voter, I expect the ballot to be correct and accurate, and list only
candidates that have met the requirements of the Illinois Election Code, and have
been approved by the Cook County electoral board charged with reviewing
candidate nomination papers.

7. If Andrea Raila's name was actually printed upon a ballot or included

on touch screen voting machines, then this would result in confusion, because
voters like me count on the ballots being correct, and that only qualified candidates
be listed on ballots.

8. I am a supporter of Fritz Kaegi, and believe there are many people

that are looking for a change from the incumbent; if Andrea Raila's name is
included then the candidate th^t.I support would lose potential votes to a "false" :
candidate, and people voting forher would be deceived and misled into believing _ .m
that their votes might be counted. y y ^^

Affidavit Page 1 of2

 9. Printing Andrea Raila's name on the ballot would be nothing shon ofa
deception on the public, it would cause confusion, and would mislead votera
ftdse reliance upon the printed ballot, so much that the result of the election would
not truly represent the will ofthe voters.
10. I expect and rely upon my elected of&cials to not deceive me or the
public, but to actually adhere to decisions of the Cook County electoral board, and
to only print the names of candidates that have been found to meet the
requirements of the Election Code.
11. If Andrea Raila's name is printed upon the ballot, I and all voters that
support one of the two other candidates, will be irreparably harmed because there
will be voter confusion at the ballot, and my candidate's votes would be diluted by
wasted votes that will be cast for Andrea Raila, but not counted.

12. Under penalties as provided by law pursuant to Section 1-109 of the

Code of Civil Procedure, the undersigned certifies that the statements set forth in
this instrument are true and correct, except as to matters therein stated to be on
information and belief and as to such matters the undersigned certifies as aforesaid
that the undersigned verily believes the same to be true

Signed: 2/21/2018 By:

Shana Renee East

Affidavit Page 2 of2

 AFFIDAVIT

I. n^vifl Tpmltin . under oath and pursuant to penalties as provided in

Section 1-109 of the Code of Civil Procedure, to affirm and verify the following
facts and statements based upon my person knowledge and belief, and if called to
testify would testify as follows:
1. I am a registered voter in Cook County, Illinois, and intend to wte in
the March 20, 2018 Democratic Party primary election for one of the two baUot-
quaUfied candidates seeking the nomination for Cook County Assessor.
2. I am one of the objectors that filed an objectors' petition contesting
the nomination papers filed by Andrea Raila as a candidate seeking the Democratic
Party's nomination for Cook County Assessor, with the caption Shana Renee East
and David Ternkin vs.Andrea Raila, No. 2018-COEB-CC10.
3. I reviewed the decision of the Cook County Officers Electoral Board
that foimd a pattern of fraud orchestrated, coordinated and executed by Andrea
Raila which rendered her nomination papers invalid.
4. If the decision of the Cook County electoral board is not enforced and
recognized, then I am irreparably harmed because my rights as a voter and my
rights as an objector under the Election Code are being ignored and trammeled.
5. If the decision of the Cook County electoral board is meaningless and
has no impact on the election,then the process of allowing objector review and test
the sufficiency of candidate nomination papers has totally failed, and is rendered
utterly futile.

6. As a voter, I expect the ballot to be correct and accurate, and list only
candidates that have met the requirements of the Illinois Election Code, and have
been approved by the Cook County electoral board charged with reviewing
candidate nomination papers.

7. If Andrea Raila's name was actually printed upon a ballot or included

on touch screen voting machines, then this would result in confusion, because
voters like me count on the ballots being correct, and that only qualified candidates
be listed on ballots.

8. I am a supporter of Fritz Kaegi, and believe there are many people

that are looking for a change from the incumbent; if Andrea Raila's name is
included then the candidate that I support would lose potential votes to a "false"
candidate, and people voting for her would be deceived and misled into believing
that their votes might be counted.

Affidavit Page 1 of2

 9. Printing Andrea Raila's name on the ballot would be nothing short of^
deception on the public, it would cause confusion, and would mmead ,
false reliance upon the printed ballot, so much that the result of the elec
not truly represent the will of the voters.
10 I expect and rely upon my elected officials to not deceive me or the
public, but to actually adhere to decisions of the Cook County electoral board, and
to only print the names of candidates that have been found to meet the
requirements of the Election Code.
11. If Andrea Raila's name is printed upon the ballot, I and all voters^at
support one of the two other candidates, will be irreparably harmed because th^e
will be voter confusion at the ballot, and my candidate's votes would be diluted by
wasted votes that will be cast for Andrea Raila, but not counted.

12. Under penalties as provided by law pursuant to Section 1-109 of the

Code of Civil Procedure, the undersigned certifies that the statements set forth in
this instrument are true and correct, except as to matters therein stated to be on
information and belief and as to such matters the undersigned certifies as aforesaid
that the undersigned verily believes the same to be true

Signed; 2/21/2018
David Temkin

Affidavit Page 2 of2