McHenry County Blog

Not only has Grafton Township Supervisor candidate Pam Fender had an objection filed against her petitions, but so has one been filed against Nunda Township Supervisor John Heisler’s.

The objection is that Heisler’s filing is incomplete because he did not attach a receipt from his filing of his Statement of Economic Interest.  This form must be filed by all elected officials or they get removed from office, so Heisler has obviously filed one.  What he apparently did not do is attach a receipt showing that he had filed it.

You can read the objection below. Click to enlarge any image.

If Heisler is kicked off the ballot, that would leave a three-way Republican Primary Election with the following facing off against each other:

• Bridgett Provenzano (current Township Clerk and wife of County Board member Nick Provenzano)
• Kelvin Lee Jennings (current Trustee)
• Kerry Leigh (Oakwood Hills Trustee)

If kicked off the ballot before December 26th, Heisler, like Fender, could run as an Independent.

Daily Herald reporter Mike Rioplee has posted a story about the status of the election challenge filed by State Rep. candidate Dave McSweeney against Independent candidate Dee Beaubien, State Rep. Mark Beaubien’s widow.

He says the State Board of Elections Hearing Officer is recommending that Beaubien be allowed on the ballot.

McSweeney attorney “John Fogarty, said the law expressly prohibits, for example, someone signing Republican primary petitions then running as a Democrat in the general election. He argued that rule should apply to independents, too,” the article says.

He is appealing to the State Board of Elections.

The State Board is evenly split between Republicans and Democrats.

Let’s assume Republicans want to kick Beaubien off to avoid the expensive election battle.

For such a motion to succeed, the GOP members would have to attract at least one Democratic Party member’s vote.

With all the liberal pressure groups backing Beaubien, my guess is that there is no chance of that.

McSweeney could appeal to the court system, of course.

For those of you who would like to read the original document, GOP State Rep. candidate Dave McSweeney’s State Board of Elections complaint is below.

Dee Beaubien is not sending McHenry County Blog her press releases, so you’ll have to search elsewhere for her point of view.

It has been reported, however, that Mike Madigan attorney Mike Kasper is Beaubien’s attorney for the petition challenge.

Beaubien has been reported to have filed 3,500 signatures, while 1,500 were required.

McSweeney’s challenge is below:

McSweeney v. Beaubien ARDC Attorney #s 1874098 and 6257898

State of Illinois )
) SS.
County of Cook )

Before the Duly Constituted Electoral Board for the Hearing and Passing Upon of Objections to Nomination Papers of Independent Candidates for Election to the Office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois Objections of David McSweeney to the Nomination Papers of Dee Beaubien for the Republican Party election for the Office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Election to be Held on November 6, 2012

Verified Objector’s Petition

David McSweeney, residing and registered to vote at 8 Hubbell Court, in the Village of Barrington Hills, County of Cook, State of Illinois (hereinafter referred to as “Objector”) states that the Objector’s address is as stated, that the Objector is a legal voter of the 52nd Representative District of the State of Illinois, and that the Objector’s interest in filing the following objections is that of a citizen desirous of seeing that the election laws governing the filing of nomination papers for the election of the Republican Party for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, are properly complied with.

Therefore, the Objector makes the following objections to the nomination papers of Dee Beaubien as an Independent candidate for election to the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Election to be held on November 6, 2012 (hereinafter referred to as the “Nomination Papers”).

The Objector states that said Nomination Papers are insufficient in fact and law for the following reasons:

1. Pursuant to Illinois law, nomination papers for Independent candidates for the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Election to be held on November 6, 2012, must contain the true signatures of not fewer than 1500 qualified and duly registered legal voters residing in the 52nd Representative District of the State of Illinois.

In addition, said Nomination Papers must truthfully allege that the candidate is qualified for the office she seeks, be gathered and presented in the manner provided for in the Illinois Election Code, and otherwise must be executed in the form provided by law. The Nomination Papers herein purport to contain in excess of 1500 true signatures of such voters, and further purport to truthfully allege that the candidate is qualified for the office she seeks and purport to have been gathered, presented and executed in the manner required by the Illinois Election Code.

2. The candidate herein, Dee Beaubien, is not qualified under Illinois law to be an Independent candidate for the office she seeks because, during the current election cycle, she declared herself to be a member of and affiliated with the Republican Party and participated in the Republican nominating process by signing Republican Party nominating petitions. Appendix A. attached hereto and incorporated herein by reference.

3. The Nomination Papers herein contain a Statement of Candidacy which contains a false statement, to wit.:

“that I am a candidate for election to the office of Representative in the General Assembly in the 52nd Representative District of the State of Illinois . . . and that I am legally qualified . . . to hold such office . . .”

when, in fact, Dee Beaubien is not qualified to hold such office because she is not qualified to be elected to such office as an Independent candidate during the current election cycle said false statement being in violation of the Illinois Election Code.

4. Because of the candidate is not qualified to seek election to the office of Representative in the General Assembly as an Independent candidate, the Nomination Papers are invalid in their entirety.

5. Because the Nomination Papers contain a Statement of Candidacy which contains at least one material false statement, which false statement is, itself, contrary to and violative of Illinois law, the Nomination Papers are invalid in their entirety.

Wherefore, the Objector requests a hearing on the Objections set forth herein, an examination by the aforesaid Electoral Board (or its duly appointed agent or agents) of the official precinct registers and binders relating to voters in the 52nd Representative District of the State of Illinois, (to the extent that such examination is pertinent to any of the matters alleged herein), a ruling that the Nomination Papers are insufficient in law and fact, and a ruling that the name of Dee Beaubien shall not appear on the ballot for the election to the office of Representative in the General Assembly for the 52nd Representative District of the State of Illinois, to be voted for at the General Election to be held on November 6, 2012.

David McSweeney, Objector

= = = = =

The following petitions for Republican candidates Brian Winter and Nick Sauer containing Beaubien’s signature are offered as evidence Beaubien is a Republican.

= = = = =

McSweeney’s attorneys are are John Fogarty and Rich Means.

Note that McSweeney brings the complaint himself, while most candidates find a straw man to create the illusion that the candidate is not involved with the petition challenge.