Judge throws out lawsuit pushing for February primary
Gene Marks speaks at the candidate forum held for the Village of Northbrook on Feb. 17, 2009. | Michelle LaVigne~Sun-Times Media
Updated: April 1, 2013 6:13AM
NORTHBROOK — Cook County Judge Susan Fox Gillis on Wednesday threw out a lawsuit filed Tuesday by Eugene Marks against Cook County Clerk David Orr to force a primary election in Northbrook.
However, Marks stated it was incorrect to say that he lost the case.
“We won on every point,” he added. “But I don’t have the details. For that you will have to talk to my campaign manager.”
Campaign Manager Thomas Mannix has not yet returned any calls.
Marks, a former Northbrook village president, sought an emergency motion for a temporary restraining order and a writ of mandamus, a legal action usually commanding the court to correct a prior illegal action or lack of action.
He filed the suit pursuing a February primary in Northbrook to get himself and other candidates on the April ballot.
Trying to run as write-ins under the Democratic label were: Eugene Marks, Lynn Ritz, Julius Kole and Daniel P. Scott.
However, Marks filed the lawsuit too late, said Courtney Greve, spokeswoman for the Cook County Clerk.
“A write-in candidate has never triggered a primary election before and won’t do it now,” she added.
Therefore, the slate that properly followed Cook County election procedures will appear alone on the April 9 ballot, she added.
That slate consists of Northbrook’s current village president Sandra Frum, Village Clerk Debra Ford, and Trustees Kathryn Ciesla, Todd Heller and Michael Scolaro.