McHenry County Blog

There are two mistakes that newcomers to seeking office make that opponents use to eliminate them from the ballot.

“Easier to beat no one than someone,” goes the logic.

The first is to fail to number the pages of one’s petition.

Now-Algonquin Township Supervisor candidate Marc Munaretto challenge Nancy Scalero’s failure to number her pages together when they both were running for Algonquin Township Clerk.

Munaretto won by default.

Today, however, let’s look at how a veteran office holder got tossed off the ballot in southern Cook County.

He didn’t staple his pages together and that, rather than his being a ex-felon, got him kicked off the Thornton Township High School District 205 ballot.

So, beginning candidates,

1. number your petition pages
2. staple all of your pages together and
3. be sure you staple your receipt for filing you Statement of Economic Interest in the packet (not doing to got Nunda Township Supervisor John Heisler kicked off the ballot)

John Heisler has filed the required Statements of Economic Interest with the County Clerk for twenty years, but, with his mother dying in hospice care, he didn’t remember to attach a copy of the receipt to his Statement of Candidacy and petitions.

That got him kicked off the ballot Thursday by the Nunda Township Electoral Board.

The Board consisted of Trustee Tom Palmer, who chaired the meeting, Trustee Jim Schlader and former Assistant State’s Attorney David Stone, a Nunda Township resident.

Nunda Township resident Russell Scott, a McHenry resident, bought the complaint against Heisler in a professionally-prepared legal document.

When asked to testify, Scott said, he was “just going over the paperwork and I didn’t think it met the requirements of the State Board of Elections.”

When asked he said he stood on the arguments made in the objection that he filed.

“No one is here on behalf of the candidate,” attorney Scott Puma then announced.

“The objection is basically one of a legal question,” Electoral Board member Stone, an attorney, explained.

The Election Code requires a receipt from the candidate’s Statement of Economic interest to be attached to the petition filing.

Stone noted that the objected had cited three cases “which basically cover every conceivable situation.”

And, their message was that the attachment was a “mandatory requirement.”

“I’m of the opinion that the candidacy of John A. Heisler is invalid,” Stone concluded.

Schlader said he had a copy of from the County Clerk and asked, “Does it have to be attached?”

He said the copy had been “left in his box.”

Stone asked whether he got the copy before or after the filing and Palmer answered, “Well after.”

“I also declare that his petition package is invalid,” Schlader said.

Palmer agreed.

Stone then made a motion to take Heisler off the ballot.

Puma produced a resolution which the Electoral Board members read the document (that’s what the members are doing in the photo above).

After reading it and making a minor correction, the Board adopted the resolution unanimously.

That means the following candidates will be on the ballot for Nunda Township Supervisor:

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

Chairman of the Nunda Township Electoral Board Tom Palmer advises me that the challenge to Supervisor John Heisler’s petition for re-election has been postponed until 1 PM, Wednesday, December 19th, at the Nunda Township Hall.

“At the electoral board hearing, we approved a standard set of rules, entered documents as official exhibits, and continued the hearing…,” Palmer emailed me.

If Heisler is removed from the Republican primary ballot, three candidates will remain:

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

It is unknown whether Heisler would run as a Independent if he were denied the opportunity to run as a Republican. He won his first race in a write-in campaign.

In a completely scripted performance lasting just ten minutes,

•  petition challenger Wrayburn Krohn’s attorney, Judith Svensen, withdrew her client’s objection,
• the Grafton Township Electoral Board accepted the withdrawal and
• ruled unanimously that Pam J. “Pam” Fender would appear on the Republican primary ballot on February 26, 2013

The objection had been based primarily on Fender’s have put two names in the box where the candidate’s name appeared, plus having noted the election was on Feb. 26, 2012, rather than 2013.

Electoral Board Chairwoman Barbara Murphy got over the first problem by announcing Fender’s name would read, Pamela J ‘Pam’ Fender.”

The incorrect date was ignored since the objection was withdrawn.

Fender sat next to her attorney Jim Kelly, whom she announced soon after declaring her candidacy would be running on her “peace” slate for township trustee.  Kelly did not file for that office.

Besides Murphy, the other members of the Electoral Board were Clerk Harriet Ford and Trustee Betty Zirk.  Both Murphy and Zirk voted to install Fender as Township Administrator without advertising the opening.

Watching the proceedings were primary opponents Martin Waitzman and Linda Moore.

Attorney for the Electoral Board was Adam Lasker of Ancel Glink.

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.

A press release from Grafton Township Supervisor Linda Moore:

WITHDRAW THE PAM FENDER CHALLENGE

Grafton Township Supervisor, Linda Moore called on one of her primary opponents to end his challenge to another opponent, Pam Fender. “Mr. Waitzman, I am asking you to have your supporters withdraw their objections to Ms. Fender’s rightful place on the ballot.”

Brushing aside any doubt as to which candidate is behind the challenge, Supervisor Moore said, “I support Pam’s right to ballot access. It should be the voters, not attorneys that decide who should be the next supervisor.”

“Attorney Waitzman has said repeatedly he will not involve Grafton Township in endless litigation. Then before the race even starts, right before Christmas, he shows his real colors,” said Moore.

“I have looked at the nomination papers. While there are minor mistakes, I believe they are in substantial compliance with the Illinois Election Code.” “Let the people have their say.”

Ms. Moore plans to proceed full speed ahead with her re-election plans.

The first stage of an election is the petition-passing process.

The second stage is too often the petition-challenging process.

I remember when Marc Munaretto was first running for Algonquin Township Clerk, he knocked challenger Nancy Scalero off the ballot because she did not number the pages of her petition. He won without opposition.

Now, Huntley Trustee and deposed Grafton Township Administrator Pam Fender’s petition for the Republican nomination for Township Supervisor has been challenged by someone whose last name is Krohn.

An Electoral Board hearing will be held Monday night at 7:30 in the multi-purpose room at the Huntley Park District Building.

The Board will be chaired by Township Clerk Harriet Ford. Other members will be Trustees Betty Zirk and Barb Murphy.

Fender announced that Zirk would be running on a slate which apparently disintegrated.

Should Fender be tossed off the ballot for whatever reason(s) cited in the petition, of which I do not yet have a copy, that would leave a two-way race for the GOP nomination for Supervisor.

Since Fender is an enemy of Moore, it is likely that she would end up supporting the third candidate Marty Waitzman.

That would not bode well for Moore.

Of course, if kicked off the Republican ballot, Fender could run as an Independent, as Jim Kearns is.

That would mean the April election would be a three-way race in which I would think the Republican nominee would be the favorite.

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.

That’s what campaign manager Jim Thacker told me this morning.

“After reviewing our legal options and the timing of the process, we decided to no longer pursue an appeal of the decision.

“We remain satisfied in part with the State Board of Elections decision affirming our affidavits and the conclusion that the circulator who signed those petitions did so fraudulently.”

McSweeney attorney Rich Means sent the following letter to the Election Board yesterday:

“Please be advised that Objector McSweeney is not taking last week’s Board decision on judicial review. This decision came too close to the printing of Election Day ballots for us to have any reasonable expectation that judicial review could provide a meaningful remedy. We are convinced that any Circuit Court victory would be met with an immediate appeal.

“Because we have evidence of serious violations of Illinois and federal law by State employees, we have been and will continue to provide evidence to Legislative Inspector General Thomas J. Homer, to the United States Attorney, the Illinois Attorney General and to the State’s Attorneys in the 4 counties of the 52nd Representative District.”

Dave McSweeney, Kent Gaffney and Danielle Rowe are facing off in the 52nd District to fill the vacancy created when State Rep. Mark Beaubien died. Gaffney was appointed by Republican Party leaders to complete Beaubien’s term.

Here’s the scoop from Defend the Vote‘s Sharon Merconi:

“The past couple of days were very busy!

“As workers in the political field know all too well, the period just after filing for the ballot is a crazy time in the election cycle.”

Here’s what happened last Wednesday with Meroni, Cleveland and Boulton v Obama:

[It] “is a direct challenge to Mr. Obama’s application for ballot placement in the March 20, 2012 Illinois Primary, based on defects in his signature petitions. The Objectors withdrew their challenge on Wednesday January 25th.

“President Obama’s filed application for the Illinois Primary was surprisingly sloppy, as the signature petitions had numerous defects.

“The President filed the maximum limit of 5000 signatures, and needed 3000 valid ones to get on the Illinois ballot.

“By law, petitions must be consecutively numbered; he had a 20 page gap.

“Some petitions were missing the circulator signature, and some were not notarized.

“More importantly, our preliminary review indicated a higher than expected number of signatures were not by registered Illinois voters, as is required.

“Only this objection would attack enough signatures to potentially keep Mr. Obama off the ballot.

“The others were valid, but insufficient in scope of signatures to block him from the ballot.

“Bottom line, he must have 3000 valid signatures out of 5000 filed, and we had only 7 calendar days to conduct a review.

“Right off the bat, we lost two days by the fact that our order for ballot petitions was ‘mishandled’ by the ISBE.

“Near the close of business on Friday, January 6, 2012, we received 60 disks of ballot petitions of various candidates as requested, but upon return to the office we found that the disk for Barack Obama’s petitions was . . . BLANK!!!

“The difference was crucial to our efforts to review the Obama petitions with a sound and double-checked database analysis. As it was, we filed the Objection to the Obama petitions with seven minutes to spare at 4:53 pm on January 13, 2012.

“During the records review of the petition signatures, held at Illinois State Board of Election offices in downtown Chicago, ISBE clerks called ‘Checkers,’ rule on each challenged voter signature on a line by line basis though comparison with ISBE records on computer screens.

“In this case, over 3,000 individual reviews had to occur.

“On respective sides of the Checker are single representatives of each party, who notes each ruling, and asserts the party’s position.

“After six hours of checking at eight computer terminals, a substantial ongoing effort by 40 Board employees and volunteers, we determined in the final stages of the records check that Mr. Obama had reclaimed sufficient signatures to cross the 3000 mark required for ballot placement.

“Through close review and extensive use of pocket calculators, we had to face the mathematical reality that the President was certain to prevail on the challenge, and consequently instructed our counsel to file papers to withdraw the Objection to avoid using additional hours of effort and time.

“No further action will follow.”