A Pleasant Prairie man said he wants to be included on the ballot for Kenosha Unified School Board candidates after turning in his papers a day later than the filing date.

That’s because David Gallo, who said he’s running for the board for the first time, said he followed a Unified sheet intended to help candidates with filing paperwork needed for nomination, declaring candidacy and registering his campaign. According to state statute, the last day to turn in papers was Tuesday, Jan. 5. Only, Unified’s sheet states that the papers be turned in no later than 5 p.m., Wednesday, Jan. 6. Gallo said he went to turn in his papers at 11:30 a.m. on Wednesday.

“I didn’t know it was the first Tuesday in January,” Gallo said.

Unified’s School Board Secretary Stacy Busby, accepted his papers. A decision, however, was made not to include his name on the ballot because of the number of public notifications made in the local newspaper and on the filing form itself that indicate the first Tuesday in January was when the papers were due.

In addition, four other candidates turned in their papers on time, Johnston said. Those considered candidates on the ballot include incumbents Rebecca Stevens and J. David Fountain and challengers Herman Singleton and Robert Nuzzo.

“It’s incumbent on the candidate to understand the (deadline date). On the back of the nomination papers, it does indicate that it is to be submitted no later than the first Tuesday in January. Four candidates did submit their papers on time,” Johnston said. “So, in fairness to everyone who filed on time, the individual should not be added to the ballot.”

Johnston said the sheet spelling out the wrong date was intended to help people with filing.

“It’s unfortunate in our effort to try to help the candidates, (the document) we put together had the wrong date,” he said.

Gallo said he has conferred with an attorney with the state’s Government Accountability Board in Madison and plans to appeal the decision with the district. Gallo also sent a letter to the state Government Accountability Board saying whether the filing deadline was published in the newspaper should not matter since he followed the sheet in the nomination packet. He said he later found the legal deadline defined in the Wisconsin statutes.

According to Shane Falk, an attorney for the board, Gallo would need to file a verified complaint first with Busby, the clerk for the district, no later than 5 p.m. today (Friday). The clerk would then review it and decide whether to reverse the decision.

Should he be denied again, Gallo can file a verified complaint with the Government Accountability Board, Falk said. The six-member accountability board would then consider his appeal at its next meeting at 9:30 a.m. Jan. 14, according to Reed Magney, board spokesman.

Gib Berthelsen, an attorney for Unified School Board said, if the local decision was appealed, the district would abide by the state’s decision.