McHenry Township Board Seeks to Override County Clerk’s Denial of November Ballot Access for Abolition Referendum

This spring supporters of McHenry Township government put a referendum on the ballot via petition, thinking they would have a better chance of defeating the abolition attempt then because of a lower turnout.

They were correct in their reasoning, marshalling over three out of four votes.

Marcy, 2020, McHenry Township Abolition Referendum Results.

The Republican majority of the McHenry Township Board, however, did not give up on their crusade to eliminate the government they control.

Elected officials and McHenry Township Board.

The advanced another referendum and sent the request to put it on the ballot to McHenry County Clerk Joe Tirio.

Proposed June 12, the ballot question resulted follows:

“Shall the McHenry Township together with any road districts wholly within the boundaries of McHenry Township, be dissolved on February 8, 2021 with all of the township and road district property, assets, personnel, obligations, and liabilities being transferred to McHenry County? All funds of the dissolved township and dissolved road district shall be used solely on behalf of the residents of the geographic area within the boundaries of the dissolved township. Proceeds from the Sale of park land, cemetery land, buildings, or facilities after transfer to the county
must be utilized for the sole benefit of the geographic area of the dissolved township. The McHenry county Board shall not extend a property tax levy that is greater than 90% of the property tax levy extended by the dissolved township or road district for the duties taken on by McHerny County – Yes -NO”

Tirio reject the request asserting that the referendum was in violation of the Election Code because it was the same as the March referendum.

In response, the Board majority passed another resolution asking the following referendum question be put on the fall ballot:

“Shall the McHenry Township together with any road districts wholly within the boundaries of McHenry Township, be dissolved on February 8, 2021 with all of the township and road district property, assets, personnel, obligations, and liabilities being transferred to McHenry County?
Yes
No”

Again, Tirio turned down the ballot access request.

The letter of reply read:

Dear Mr. Aylward:

I am writing to acknowledge receipt on July 6, 2020, of a second certification from the McHenry Township Clerk’s Office for a McHenry Township resolution for a referenda question to dissolve McHenry Township, effective February 8, 2021. This second resolution with a revised question was approved by the McHenry Township Board of Trustees at its meeting on July 6, 2020, pursuant to provisions in the Illinois Townships Code (60 ILCS 1/24-15 through 1/24-35). It was proposed for inclusion on the November 2020 General Election ballot for voters in McHenry Township. After reviewing the certification, the relevant sections of the Illinois Townships Code and the Illinois Election Code and, based on the authority granted election authorities in the Illinois Election Code (10 ILCS 5/28-5), I am writing to advise you that the proposed referendum question is prohibited and will not be placed on the November 2020 General Election ballot.

The question, as newly worded, no longer violates the form of the question standard provided in Section 1/24-30 of the McHenry Townships Code as did the first certified resolution and question originally received by the McHenry County Clerk on June 29, 2020. 60 ILCS 1/24-30. However, as also explained in the McHenry County Clerk’s Office July 1, 2020, response to that first proposed question, a referenda question to dissolve the McHenry Township must also comply with the Illinois Election Code timing requirements.

The proposed dissolution referendum is prohibited from being printed on the November 2020 General Election so soon after it was printed on the March 2020 General Primary ballot. Section 1/24-15 of the Illinois Townships Code states that a proposition to dissolve a township which is submitted by a board of trustees of a township must be in accordance with the general election law. 60 ILCS 1/24-15. Section 5/28-7 of the Illinois Election Code provides that referenda pursuant to this Section (cases authorized by Article VII of the Illinois Constitution) may not be held more than once in any 23-month period on the same proposition. 10 ILCS 5/28-7. Section VII of the Illinois Constitution is the genesis of authority to dissolve a township when approved by a referenda in the area in which township officers are elected. Ill. Const. Art. VII, §5. Because the same proposition to dissolve McHenry Township appeared on the March 2020 General Primary ballot with the sole change being the effective date seven and one-half months later, this same question is prohibited from being placed on the ballot again for a period of 23 months. Otherwise, an effective date change of even a single day would undermine the intent of and make Section 5/28-7 completely ineffective.

For the above stated reason, the McHenry Township Board of Trustees’ proposed referendum question to dissolve McHenry Township is prohibited from being placed on the November 2020 General Election ballot.

Sincerely,
Joseph J. Tirio McHenry County Clerk

The Township Board has retained Attorney Robert Hanlon to file a mandamus action to force the County Clerk to put the question on the November ballot.

Hanlon writes, “Review of the language of the March referendum reveals it is not the ‘same’ as the
question presented by the McHenry Township Board.

“The difference between the two propositions (March 2020 proposition vs. the petition submitted for the general election) can easily be found in the date that the respective petitions seek dissolution of McHenry Township. These two propositions call for dissolution in different years and thus are not the same proposition.”

The filing argues that Tirio “exceeded his authority as the McHenry County Clerk when he looked past the face of the petition and elected to infer meaning to the intent of the statute inferring sameness, when his duty was limited to ascertaining if the language was the same or not.

“The McHenry County Clerk lacks the power to decide issues of content for propositions.”


Comments

McHenry Township Board Seeks to Override County Clerk’s Denial of November Ballot Access for Abolition Referendum — 47 Comments

  1. I see the feces smeared hands of the Kenneally on this!

    How the hell is “Bill Clinton was at Jeffrey Epstein’s private island with young girls” NOT the lead story on every newspaper and cable show in America today?

    Imagine if it was Trump.

  2. Who appointed Tirio king?

    Just another RINO trying to protect the useless pension pigs in township misgovernment.

  3. Did Joe Tirio do this bc of an electoral board ruling, or did he do it just to preempt the process?

    If the former, who filed objection?

    Who sat on the board?

    Kenneally?

  4. -Good for Tirio. The law comes before your feelings.

    -Is township abolition good or bad?

    A week ago it was a Jack Franks power grab.

    Now NOT dissolving townships is an antifa/RINO/Kenneally plot? Do you people even know what you think??

    -This question would lose in ANY election.

    The numbers would be different, but it would never be successful.

  5. I side with the Board, let the people decide.

    Obviously the township loafers want it off the ballot.

    That election was cut short anyway by Covid

  6. Evidently the 3 township stooges think they can get back to back do overs into infinity.

    If they were real men they would resign as they do not represent the township voters, only their own narrow beliefs based in God knows what.

  7. Circuit clerk’s site says they don’t have a hearing until 10/23.

    Early voting will have started by then.

    Unless they get an earlier date, this isn’t going to be on the ballot.

  8. Never ceases to amaze me.

    The 3 Musketeers of McH Twp.

    They just don’t get it.

    AKA Anal Openings.

  9. Correcting, correct yourself~~ antifaboy Mike Tauler bragged about it.

  10. Doesn’t law say 2 years before it can be voted on again?

    I still find it rather funny Jack and really Rino Bob Anderson are pals on this issue.

    If Hanlon’s success rate like at Alg twh Road Dist continues this will be anther Million dollar waste of tax payers $$$!

  11. The township pukes are mad that the McHenry Board cut off the gold plated health care insurance completely for township honchos, plus the cut the Supervisors’ salary and benefits from $140k to $45k.

    Great job guys!

    Keep it up!

    I’m still trying to figure out what Tirio did given the questions of terminator above.

    Cal, do you know?

  12. Bob Anderson needs a psyciatryst.

    Townships are the government closest to the people.

    It’s totally unfair Anderson can keep up these referendums over and over again.

    If we lose once, the townships are over 4ever.

    But we’ll win every time.

    Some people never learn, like Gasser!

  13. “Evidently the 3 township stooges think they can get back to back do overs into infinity.”

    Isn’t this the same logic that allows gov teletubby to keep issuing orders?

    Just ignore the law and keep trying.

  14. What a lot of people commenting here don’t realize is that the battle to keep McHenry Township isn’t just Democrats, it’s Republicans as well.

    The McHenry Township GOP supports the Township for these reasons, the combined Township Tax (Administration and Road District) adds up to about $20.00 mo. for myself and many other residents.

    This is probably the best value around concerning effective local government.

    When you speak of pensions, take a look at your tax bill, your McHenry County Pension Tax is actually more than the separate McHenry Township Administration Tax.

    If the Township were dissolved, any new employees hired by the County should be Union 150 hires, thus eligible for a pension, thus immediately your taxes would increase for that line item.

    The Township is the choice of the people because it retains the quality of life within its boundaries, which in our area has been a work of generations.

    The argument that Illinois has too many units of government is true, however, in this case, McHenry Township is the best choice of local government.

    Really, who wants to join in with a County government that has a County Board Chairman that can’t go into the State Capitol building without police escort, a Board Member who was terminated by DCFS for his oversight in the AJ Freund case, a judge who had a restraining order against her, no County Coroner for how long?

    The better choice in government is the Township.

    Politically, one should draw back the curtain and take a long look at what’s going on. Jack Franks coauthored the Township Elimination Bill (disguised as “Consolidation”), why?

    To appear as a “tax fighter” or to help cover a multiple of sins, political ambitions?

    Imagine a McHenry County without the Township in it, a highway would be created to the Governor’s office to create a plethora of patronage jobs.

    The argument that McHenry Township should spend their “$20.00” a month more effectively is pathetic and the result of pure grade school political theatre.

  15. Kirk, Nice explanation.

    Needed it to support my contention that townships should not be abolished.

  16. “McHenry County judicial candidate Mary McClellan was ordered to have no contact and remain 200 feet from the McHenry County’s risk management coordinator and her daughter, according to a judicial order filed Oct. 25.”

    I’m corrected, this article says it was a “no contact order”, and she was not a judge, she was a candidate. (John Seasly – The Patch)

  17. Anderson is a dementzia person. Townships are the best thing that every happened to Illinois!

    There’s no nepotism in any ILlinois township.

    SChools are the big problem here. Not townships.

  18. Townships are overstaffed with bigger pensions than County, hard to believe but true.

    My township, Grafton, is a perfect example.

    They dole out money to ‘general and emergency assustance” for illegals and transients.

    Do the math, the township gave out $56,000 last year, but the admin costs were $398,000, not including insurance.

    You can’t tell me that’s responsible,

    With food stamps, Medicaid, Welfare, etc., why is this precivil war township assistance racket still around?

  19. If townships are so ‘good’ why did so many states get rid of them during the Great Depression when everything was being looked at closely to cut spending.

    We’re in a new Depression now! Sorry township mooks, your logic is flawed. That’s why Illinois has so many taxing bodies and the highest property taxes in the USA.

    I see township road crews hired out to other municipalities all the time, even WI. Who’s collecting the $$$$$$&&&?

  20. The goober squad of Anderson, Verr & Rakestraw must resign.

    They do not represent the interests of the people of the township.

    Remember, these 3 geniuses spent $39,835.00 for Urban Analytics to do a township study.

    Enough of the goobers, get out

  21. Time for Bob Anderson and his two Town Board cronies to read the statute:

    (c) If a valid petition is filed under subsection (a), then
    the McHenry County Clerk shall, by publication in one or more
    newspapers of general circulation within the county and on the
    county’s website, not less than 90 days prior to the election
    at which the referendum is to be voted on, give notice in
    substantially the following form:

    NOTICE OF PETITION TO DISSOLVE (dissolving township).
    Residents of (dissolving township) and McHenry County are
    notified that a petition has been filed with (dissolving
    township) and McHenry County requesting a referendum to
    dissolve (dissolving township) on (date of dissolution)
    with all real and personal property, and any other assets,
    together with all personnel, contractual obligations, and
    liabilities being transferred to McHenry County.

    (60 ILCS 1/24-25 new)
    Sec. 24-25. Ballot placement. A petition that meets the
    requirements of Section 24-20 shall be placed on the ballot in
    the form provided for in Section 24-30 at the election next
    following.

    (60 ILCS 1/24-30 new)
    Sec. 24-30. Referendum; voting.
    (a) Subject to the requirements of Section 16-7 of the
    Election Code, the referendum described in Section 24-25 shall
    be in substantially the following form on the ballot:

    Shall the (dissolving
    township), together with any road
    districts wholly within the YES
    boundaries of (dissolving
    township), be dissolved on (date ————–
    of dissolution) with all of
    the township and road district
    property, assets, personnel, NO
    obligations, and liabilities being
    transferred to McHenry County?

  22. https://www.thinkglink.com/2019/02/28/which-states-have-the-highest-property-taxes/

    “New Jersey has the highest property taxes in the nation at nearly 2.5 percent of the property’s market value. The median home value in New Jersey is $327,900 and annual taxes on those homes average $8,104. Other states with high property taxes include Illinois, (2.30%), New Hampshire (2.20%), Connecticut (2.11%), Wisconsin (1.91%), Vermont (1.88%), Texas (1.81%), Nebraska (1.77%), New York (1.71%) and Rhode Island (1.66%).”

  23. And…

    Referenda provided for in this Section may not be held more
    than once in any 23-month period on the same proposition,
    provided that in any municipality a referendum to elect not to be a home rule unit may be held only once within any 47-month period.
    (Source: P.A. 100-863, eff. 8-14-18.)

    Meaning…

    Time to eject Bob Anderson and his two buddies for deliberately wasting the taxpayers’ money on their pet lawyers, their pet consultants, and every name they’ve enriched with tax dollars in the name of their “crusade.”

  24. “The same proposition” doesn’t mean you get to change a few words and keep running your referendum in violation of the statute.

    It means that Bob Anderson gets to try to fulfill his vendetta again when he’s 84.

    See you then, Bobbie…

  25. When bloated, crooked townships are finally gone, we’ll see who’s laughing.

    Evanston Township is no more!

  26. Scary black anger is the reason you don’t see Confederate flags around any more.

    The capitulation was completely unwarranted.

    If enough leaders had shown backbone, the flag would still be part of our proud culture.

    A myth has been created that the sight of the battle flag causes blacks to become irrational and emotional.

    This would have been unthinkable in the 1960s, 1970s and 80s.

    They act this way now because they’ve been shown that acting out anger makes white leaders retreat like cowards.

    The Confederate flag used to be a ubiquitous symbol of fun and pride: think of the Dukes of Hazzard, kitschy souvenirs, military emblems, comic books, and solemn memorials to CSA heroes.

    Blacks didn’t find out they were ‘triggered’ by the flag until they were taught to be triggered.

    Now it’s a Pavlovian response.

  27. Agreed****

    Time to eject Bob Anderson and his two buddies for deliberately wasting the taxpayers’ money on their pet lawyers, their pet consultants, and every name they’ve enriched with tax dollars in the name of their “crusade.”

  28. The effective tax rate you cite for Illinois is skewed low because of homes in Cook County are assessed far lower than those in the rest of the state.

  29. Move to Florida overtaxed senior (are you 1 of the 3 stooges?)

  30. I used to support townships.

    Not any more.

    My brothers in Iowa laugh at me.

    My grandparents’ generation got rid of them there when Truman was President.

  31. Paul, your comment is something I’d have expected from a Democrat.

    “Bail out if you don’t like the high taxes.”

    You must be one of the parasites fattening on us.

    Sometimes the parasites kill the hosts.

    That’s what’s happening here in McHenry county.

  32. Townships are not the property tax burden you guys make them out to be, but keep the whining and the endless endless endless referendums and get the same results.

    You know what Einstein called the definition of insanity?

    Look no further than the 3 stooges on the township board.

    Did Rakestraw get his delinquent prop taxes paid up?

  33. Townships are TWO-PERCENT of the property tax bill.

    Education (schools) are SEVENTY-THREE percent of the property tax bill.

    And under the “dissolution” law that Bob Anderson is using, ALMOST ALL of the Township’s TWO-PERCENT of the tax bill will simply TRANSFER to Jack Franks’ McHenry County fiefdom, EVERY YEAR in perpetuity.

    No savings for the taxpayer. Big dollar gain for Jack Franks.

    That’s why Jack Franks and his BFF Dave McSweeney came up with this law together to begin with:

    It’s a “Consolidation” of added tax dollars and power going straight to…JACK FRANKS.

  34. Unrelated: Will Dave McSweeney EVER comment on the sexual assault allegations against Jack Franks, or will he continue ducking and weaving..?

Leave a Reply

Your email address will not be published. Required fields are marked *