URBANA – Mayoral candidates Rex Bradfield, a Republican, and Durl Kruse of the Green Party jointly filed a lawsuit Thursday afternoon, asking for an immediate lottery to determine ballot position in the April 7 Urbana municipal election.

The suit alleges that the procedures used by City Clerk Phyllis Clark, a Democrat, to determine ballot order did not follow the state election code and benefited the Democratic Party, which was awarded the top ballot position, followed by Republicans, Green Party candidates and independents.

"It would be interesting to make at least one politician in Illinois obey the statutes," said Urbana attorney Bob Auler, who prepared the suit. "In the last four (city) elections, every one, the Democratic Party ends up at the top of the ballot."

Clark has held the city clerk's office for 16 years.

The suit contains an affidavit from James Nowlan, a senior fellow of the University of Illinois Institute of Government and Public Affairs, that studies and his professional experience indicate an electoral advantage of 2 percent to 4 percent by being at the top of the ballot.

Clark declined comment Thursday. She said previously that she had determined ballot order based on which political party's candidate first filed candidacy petitions with her office. She said she was told to follow that procedure by an official with the State Board of Elections.

Auler said late Thursday afternoon that a court hearing has not yet been scheduled.

He said the state election code calls for "a fair and impartial method of random selection" for party placement on the ballot, and that the law says three days prior notice to the political parties of any lottery should be provided.

Clark's acts "are clearly unlawful and they threaten to deprive plaintiffs and the public of fair and democratic electoral procedure," the suit alleges.

Auler said the issue could be remedied by getting the parties together, "and putting three names in a hat and pulling them out."

Mayor Laurel Prussing, a Democrat, could not be reached for comment. She is seeking a second term as mayor against Bradfield, Kruse and independent candidate Rob McColley.

"The reason we're doing this is to assure the voters of Urbana a fair election," Bradfield said.

Kruse said fairness was his goal as well.

"The victims here are the people's trust in elected officials," he said. "The evidence is state law was not being followed in the past and it's time for them to be held accountable in following the law."

The suit contains an affidavit from County Clerk Mark Shelden that his office would fully cooperate in developing new ballots if a lottery for ballot positions were conducted "very promptly." Shelden said his office would likely incur about $5,000 in additional costs in changing the ballots.

Meanwhile, the man who ran against Clark four years ago for city clerk is questioning how Clark determined ballot position in that election, where Democrats also were at the top of the ballot.

John Farney, who lost to Clark by a 1,544 to 1,281 vote margin, said he never was notified about a ballot lottery and that when he asked questions, Clark sent Shelden a letter saying that a coin toss had been held and that Democrats won.