Objections Filed Against Four Lakewood Candidates

Former Village Trustee Jason McMahon has filed objections to the petitions of incumbent Village President Phil Stephan, incumbent Trustees Pam Eddy nd Dan Alexander, as well as new Trustee candidate William (Bill) Wayne..

The objection to Stephen’s petition follows:

  • The Nomination Papers were altered or in some way added to or supplemented after being filed in violation of the Election Code. Specifically, and without limitation, the Nomination Papers were tendered to the Village Clerk, who serves as the local election official for the Village of Lakewood, and were not fastened or bound as required by law. However, the Candidate, upon seeing the Village Clerk had checked “Not Bound” on the Receipt for Filing Nomination Papers (the “Receipt”), demanded that the Village Clerk return the Nomination Papers to him.
  • Because the Candidate is the current president of the Village of Lakewood (and the person who appoints the village clerk), the Village Clerk was intimidated by the Candidate and she returned the Candidate’s Nomination Papers to him.
  • The Candidate then went into the Village of Lakewood Police Department and upon information and belief, used a stapler owned by the Village of Lakewood to staple the Nomination Papers.
  • The Candidate then returned the Nomination Papers to the Village Clerk and demanded that she indicate on the Receipt that the Nomination Papers were stapled.
  • The Village Clerk then crossed out the check mark next to “Not Bound” on the Receipt and checked “Stapled”. A copy of the Receipt is attached hereto as Exhibit A.
  • Therefore, the Candidate altered, added to or supplemented his Nomination Papers in violation of the Illinois Election Code (10 ILCS 5/7-10 and 10 ILCS 5/10-4).
  • Further, the Nomination Papers were not bound when they were filed as is required by the Illinois Election Code (10 ILCS 5/7-10 and 10 ILCS 5/10-4).
  • Additionally, the Candidate failed to file a receipt for the filing of his Statement of Economic Interest with the McHenry County Clerk with his Nomination Papers as required by the Illinois Election Code (10 ILCS 5/7-12 and 10 ILCS 5/10-5).

Eddy’s petition is objected to because

  • The Nomination Papers were withdrawn, altered or in some way added to or supplemented after being filed in violation of the Illinois Election Code. Specifically, and without limitation, the Nomination Papers were tendered to the Village Clerk, who serves as the local election official for the Village of Lakewood, during the first hour of the filing period for
    the office sought by the Candidate and were not fastened or bound as required by law.
  • The Village Clerk completed the Candidate Receipt for Filing Nomination Papers (the “Original Receipt”) and provided a copy of it to the Candidate. The Original Receipt indicated that the Nomination Papers were filed on the 14th day of December, 2020 during the first hour of filing nomination papers.
  • The Original Receipt indicated with a check mark that the Nomination Papers were “Not Bound”.
  • At some point after the Nomination Papers were filed, upon information and belief the Candidate realized that her Nomination Papers were fatally defective and returned to the Lakewood Village Hall and demanded that the Village Clerk return the Nomination Papers to
    her. Because the Candidate is a current trustee in the Village of Lakewood, the Village Clerk was intimidated by the Candidate and others, and she returned the Candidate’s Nomination Papers to her.
  • The Candidate removed or withdrew the Nomination Papers from Village Hall in violation of the Illinois Election Code (5 ILCS 5/7-10 and 5 ILCS 5/10-4).
  • Thereafter, the Candidate stapled her Nomination Papers together.
  • The Candidate then returned the stapled Nomination Papers to the Village Clerk at approximately 1:23 p.m. on December 14, 2020 and demanded that she indicate on the Receipt for Filing Nomination Papers that the Nomination Papers were stapled.
  • The Village Clerk then issued a second Candidate Receipt for Filing Nomination Papers (the “Second Receipt”) and placed a check mark next to “Stapled”. A copy of the Second Receipt is attached hereto as Exhibit A.
  • The Candidate demanded that the Village Clerk give her the Village Clerk’s copy of the Original Receipt.
  • Because the Candidate is a current trustee in the Village of Lakewood, the Village Clerk was intimidated by the Candidate and others, and she gave the Original Receipt to her.
  • Therefore, the Candidate withdrew, altered, added to or supplemented her Nomination Papers in violation of the Illinois Election Code (10 ILCS 5/7-10 and 10 ILCS 5/10-4).
  • Further, the Nomination Papers were not bound when they were filed as is required by the Illinois Election Code (10 ILCS 5/7-10 and 10 ILCS 5/10-4).
  • Additionally, the Candidate failed to file a receipt for the filing of her Statement of Economic Interest with the McHenry County Clerk with her Nomination Papers as required by the Illinois Election Code (10 ILCS 5/7-12 and 10 ILCS 5/10-5).
  • The absence of the receipt renders the Nomination Papers fatally defective and requires that the Candidate’s name not appear on the ballot. Bolger v. Electoral Board of City of McHenry, 210 Ill.App.3d 958, 569 N.E.2d 628 (2d Dist. 1991); Powell v. East St. Louis Electoral Board, 337 Ill.App.3d 334, 785 N.E.2d 1014 (5th Dist. 2003).

The objection to Trustee Dan Alexander’s petition is substantially the same as Eddy’s as is Bill Wayne’s.

= = = = =

Guess I should have reprinted this article this year:

Number and Staple Petition Sheets and Receipt from Statement of Economic Interest When Filing for Office


Comments

Objections Filed Against Four Lakewood Candidates — 19 Comments

  1. Yes.

    You can’t “file” and then “withdraw” and refile the same petitions.

    You need to go out and get brand new signatures and do it all over again before the end of the filing deadline.

    These people should have known that.

  2. 5 candidates submitted unbound petitions.

    One candidate, Dave Stavropoulos, followed the rules and filed a new petition.

    The other 4 candidates listed above attempted to circumvent the law.

    Their continued disregard for the law is the reason I filed objections.

  3. There may be no one with a more protracted history of arguing with former trustee, Jason McMahon, than I…

    That said, his arguments here are not only entirely plausible, but also factually accurate and legally justified.

    It will be truly telling to see by whom the committee that presides over this hearing is compromised.

    As we know, these local election committees have proven historically to be nothing less than preordained shams.

  4. Is it just me or does the lack of a staple seem to be a silly reason to throw out signatures?

    Also why does lakewood always seem to have soooooo much drama?

  5. The staple is to help prevent fraudulent manipulation of packets after they have been filed.

    The staple is the least of the issues with these nomination packets.

    It is the entitled, dishonest behavior of certain candidates after they realized their error.

    If we start allowing election fraud in municipal elections, where does it end?

  6. Because the same people avoiding election law are the ones running the Village.

    Wait until the information regarding the annual audit comes out.

    Train wreck doesn’t even describe it.

  7. These objections are stupid and a waste of time.

    You must not have a job.

  8. How is it stupid and a waste of time to make sure the law is being followed?

    You sound like one of the democrats who thinks they are just right and entitled to win.

  9. Neal, I think it is stupid that as a President, you can’t follow the STAPLE rule.

    If you can’t get that right, your governing will probably be chaotic….

    oh wait, it already is.

  10. Took lessons from the Sheep dog of CL….

    LOL….

    gotta keep em out…

    don’t want new blood in oh now would have to do our jobs and be honest…

    can’t let that happen…

  11. So. . .?

    What happened with the big hearing?

    I couldn’t make it to the Zoom meeting as I had to wash my duck.

    Did anything substantive happen?

    Any resolution?

    Or was it business as usual for Lakeweed with just yelling, screaming, threats, and bullying?

  12. Serwatka’s departure ensured Lakewood’s descent into chaos.

    The town should offer him $350,000 to return and bring the place back to some normalcy.

    When he ran the place, crooks like the erstwhile Lakewood police chief bugged out like a spider on a hot stove.

Leave a Reply

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