The lastest effort by McHenry County Board Chairman Jack Franks to drive female Republican countywide elected officials out of office–an advisory referendum aimed at McHenry County Regional Superintendent of Education Leslie Schermerhorn–has come under attack by former County Board candidate Orville Brettman.
Franks or his allies, through the so-called Illinois integrity Fund, successfully attacked Brettman’s candidacy in 2018. Then Brettman and his running mate Ersel Schuster (put under a parallel attack) sued, losing in Circuit Court, but appealing that decision.
Now, Brettman is challenging the legitimacy of the Franks-supported referndum concerning the office of the Regional Superintendent of Education:
“Should the McHenry County Board pursue a new structure of the office of McHenry County Regional Superintendent of Schools, or enter into an agreement with another Regional Office of Education to share it’s services?”
[Wouldn’t you think an attack on an educator would make sure there was not a spelling mistake in the referendum?]
Here is Brettman’s argument:
The Advisory Referendum question submitted by the McHenry County Board is invalid, void, ambiguous, improperly compound and otherwise fails to comply with the requirements of the Illinois Election Code for an advisory question of public policy, in all of the following respects:
A. The Advisory Referendum question submitted by the McHenry County
Board asks the voters to select two incompatible alternatives and therefore is not capable of being answered either “Yes” or “No.”
B. The Advisory Referendum question submitted by the McHenry County
Board fails to sufficiently define the “new structure” for the office of McHenry County Regional Superintendent of Schools and therefore does
not inform the voters of what “new structure” an affirmative vote is
C. The Resolution fails to limit the electors entitled to vote on the Advisory Referendum to those voters residing within the McHenry ESR.
D. The Resolution fails to provide for electors residing in Kane County to have input into the future direction of the McHenry ESR.
E. By reason of the foregoing, Objector’s vote on the Advisory Referendum is diluted by allowing nonresidents of the McHenry ESR to vote on the
question and therefore deprives Objector of the equal protection of the laws in violation of the Constitutions of the United States and the State of
Illinois and the Illinois Election Code.
Brettman has filed his complaint with the McHenry County Electoral Board, which consists of the County Clerk, State’s Attorney and Circuit Clerk.