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John Heisler Taken Off Nunda Township Ballot for Township Supervisor

December 21, 2012 By: Cal Skinner Category: Bridgett Provenzano, David Stone, Jim Schlader, John Heisler, Kerry Lester, Lee Jennings, Mark Daniel, Nick Provenzano, Petition Challenge, Russell Scott, Scott Puma, Statement of Economic Interest, Tom Palmer

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.

The members of the Nunda Township Electoral Board were from right to left, James Schlader, Tom Palmer and David Stone.  Ancel Glink Attorney Scott Puma advised the panel.

The members of the Nunda Township Electoral Board were from right to left, James Schlader, Tom Palmer and David Stone. Ancel Glink Attorney Scott Puma advised the panel.

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.

Russell Scott

Russell Scott

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.

John Heisler

John Heisler

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.

Nick Provenzano was talking to Mark Daniel after the decision was rendered.

Nick Provenzano was talking to Mark Daniel after the decision was rendered.

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)

Objection Filed Against Nunda Township Supervisor John Heisler’s Petitions

December 10, 2012 By: Cal Skinner Category: Bridgett Provenzano, John Fogarty, John Heisler, Nunda Township, Objection, Petition, Petition Challenge, Russell Scott, Statement of Economic Interest

John Heisler

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.