By a vote of 2-1 of the Algonquin Township Electoral Board, Algonquin Township Road Commissioner Bob Miller retained his ballot position.
Township Clerk Chuck Lutzow, a candidate for Supervisor, and Township Trustee Dan Shea, running for re-election voted to reject the challenge to Miller’s petition, while Township Trustee Russ Cardelli, also running for re-election, voted to approve the challenge.
Miller’s petition was challenged by John Bobrytzke and Daniel Smereczynski on the grounds that Miller used a Statement of Candidacy that incorrectly said he had been selected as a candidate by the local Republican Party.
Since the February 28th Primary Election is when the Highway Commissioner will be chosen, the objector’s attorney, Scott Erdman, argued that the document misled the voters.
Millers’ attorney, Jami Wombacher, argued that the petition package had to examined as a whole.
Such an examination, she said, showed that Miller included the five essential elements:
- the name of the candidate
- the name of the office sought
- the party
- the candidate’s political address
- the headings on all of the petitions being the same
Wombacher pointed to court decisions which stressed access to the ballot was a “substantial right.”
Erdman cited the same cases as Wambacher, but had a different interpretation.
Two of those voting to keep Miller on the ballot–Lutzow and Shea–face challenges similar to that faced by Miller.
I missed the first part of the hearing, but during discussion about the decision, Cardelli said,
“You two are in the same situation as Bob is, so It would be difficult for you guys to take a vote on something your guys are going to be involved in.”
Cardellie tried to delay consideration until Supervisor Dianne Klemm could be on the panel. Klemm notifed Township Attorney Jim Kelly of her inability to attend the meeting about a half an hour before it was scheduled to begin.
Lutzow replaced her I believe.
After the decision, Timothy A. Shepard withdrew objections he had filed against Lutzow, Clerk candidates Melissa Sanchez-Fischer and Karen Lukasik, Assessor candidate Riechard S. Alexander, plus Trustee candidates Dan Shea, Terence G. Ferenc, Melissa L Victor and David S. Chapman.
Petition objections against Lutzow and Shea will be considered later after Township Attorney Kelly seeks guidance from Chief Judge Michael Sullivan as to who should serve on the Electoral Board that will consider those challenges.
They will be held on Thursday, December 14th at 2 PM.
After the hearing Miller characterized the proceeding as a “witch hunt” and pointed out that Cardelli’s petitions had not been challenged even though he filed copies of his originals, rather than the originals.