By a vote of 2-1 of the Algonquin Township Electoral Board, Algonquin Township Road Commissioner Bob Miller retained his ballot position.
Township Clerk Chuck Lutzow, a candidate for Supervisor, and Township Trustee Dan Shea, running for re-election voted to reject the challenge to Miller’s petition, while Township Trustee Russ Cardelli, also running for re-election, voted to approve the challenge.
Miller’s petition was challenged by John Bobrytzke and Daniel Smereczynski on the grounds that Miller used a Statement of Candidacy that incorrectly said he had been selected as a candidate by the local Republican Party.
![Objectors' attorney Scott Erdman argues their case as Bob Miller watches and his attorney Wand Lee Wombacher takes notes.](http://159.89.184.83/wp-content/uploads/2016/12/Erdman-Wambacher-Miller-12-12-16.png)
Objectors’ attorney Scott Erdman argues their case as Bob Miller watches and his attorney Wand Lee Wombacher takes notes.
Since the February 28th Primary Election is when the Highway Commissioner will be chosen, the objector’s attorney, Scott Erdman, argued that the document misled the voters.
Millers’ attorney, Jami Wombacher, argued that the petition package had to examined as a whole.
Such an examination, she said, showed that Miller included the five essential elements:
- the name of the candidate
- the name of the office sought
- the party
- the candidate’s political address
- the headings on all of the petitions being the same
![Bob Miller testified under oath that he has gotten his Statement of Candidacy from the Township Clerk. Afterward, he told me that he downloaded the only Candidacy Statement posted on County Clerk Mary McClellan's web site.](http://159.89.184.83/wp-content/uploads/2016/12/Miller-testifying-1212-16.png)
Bob Miller testified under oath that he has gotten his Statement of Candidacy from the Township Clerk. Afterward, he told me that he downloaded the only Candidacy Statement posted on County Clerk Mary McClellan’s web site.
Wombacher pointed to court decisions which stressed access to the ballot was a “substantial right.”
Erdman cited the same cases as Wambacher, but had a different interpretation.
![The audience was larger than that of most township meetings. Plenty of folks from Nunda Township were in attendance. The Nunda Township Electoral Board will meet Tuesday afternoon at 1L30.](http://159.89.184.83/wp-content/uploads/2016/12/Alg-Electoral-Bd-Audience-12-12-16.png)
The audience was larger than that of most township meetings. Plenty of folks from Nunda Township were in attendance. The Nunda Township Electoral Board will meet Tuesday afternoon at 1L30.
Two of those voting to keep Miller on the ballot–Lutzow and Shea–face challenges similar to that faced by Miller.
I missed the first part of the hearing, but during discussion about the decision, Cardelli said,
“You two are in the same situation as Bob is, so It would be difficult for you guys to take a vote on something your guys are going to be involved in.”
Cardellie tried to delay consideration until Supervisor Dianne Klemm could be on the panel. Klemm notifed Township Attorney Jim Kelly of her inability to attend the meeting about a half an hour before it was scheduled to begin.
Lutzow replaced her I believe.
After the decision, Timothy A. Shepard withdrew objections he had filed against Lutzow, Clerk candidates Melissa Sanchez-Fischer and Karen Lukasik, Assessor candidate Riechard S. Alexander, plus Trustee candidates Dan Shea, Terence G. Ferenc, Melissa L Victor and David S. Chapman.
Petition objections against Lutzow and Shea will be considered later after Township Attorney Kelly seeks guidance from Chief Judge Michael Sullivan as to who should serve on the Electoral Board that will consider those challenges.
They will be held on Thursday, December 14th at 2 PM.
After the hearing Miller characterized the proceeding as a “witch hunt” and pointed out that Cardelli’s petitions had not been challenged even though he filed copies of his originals, rather than the originals.
Her NAME is Jami Wombacher; her FIRM is Wand Lee & Wombacher
Misleading the voters?
Statement of Candidacy, who of the voters have even see that document, other than those that run or are checking the paper work.
The petition to run, most people just sign without really reading, less try to read all the small fine legal mombo jumbo print.
Maybe the bigger issue is why does the County website have unnecessary and confusing paper work on it?
It would be nice if all elections were non partisan, because partisan nonsense is killing this country.
Just like D.C.
Selective enforcement.
Goes along with selective Capitalism.
Partisan nonsense?
Until J.C. again walks the earth, there will be partisanship. Until then, how about enforcing the laws as written OR change them.
All selective enforcement does is create more business for the lawyers!!
So Mr. Lutzow and Mr. Shea have the same problem Mr. Miller has and they voted?
Is this ethical?
To me this just seems like Cook County Machine politics to me.
How long has Mr. Lutzow and Mr. Shea known Mr. Miller?
Do they have personal relationships as well?
There is no way that Mr. Lutzow and Mr. Shea should have been on this panel.
What a scam.
If Gasser wins the RC spot, will he give up his county board seat?
What about Walkup?
And if Rein is successful at his run for Woodstock Mayor?
Or will we just have a new group of double dippers?
Lutzow did NOT want to vote, due to conflict and expressed that.
He recused himself.
It was Judge Sullivan that ruled Lutzow must vote.
If Lutzow voted to take Miller off of the ballot, he would be voting himself off as well.
What would you have done, Dan?
I’ll make the change.
Thanks.
back at you: you didn’t answer my question but I will answer yours.
I hope there is a court order saying what you are speaking to…
it shouldn’t be too hard to find.
But to your question I would have voted Bob, and myself, off.
It is the ethical thing to do.
I screwed up.
I used the wrong paperwork.
In this generation of where it is always somebody else’s fault there is no personal accountability.
How long has Mr. Miller been doing this?
How long has Mr. Shea been doing this?
How long has Mr. Lutzow been doing this?
With their wealth of knowledge and expertise they all should have known better.
This is a lack of paying attention to paperwork and this is why we are so screwed up… career politicians.
As someone who is involved and saw the proceedings, it is odd that one could vote on a case that he will be facing in just a matter of minutes.
Sort of like musical chairs where all the participants have each others backs.
It not only makes Mchenry County look bad it also makes the Republican party look bad.
How can you file the wrong paper work especially if you have held the position for so long?
How is that others were able to file the proper paper work?
Questioning, yes lets change and eliminate the paperwork lawyers put in to make themselves $$$$, agreed and well said.
Yes there will always be partisan nonsense sadly, but do we HAVE to have that on our ballots?
Can’t we just have whoever wants to run do so then have a least 50% thingy to win the position, which of course at times would require a run off election?
Primary costs verses a possible run off election costs?
Looking at the election for President, no one got over 50% of the vote, seems kind of weak not having a true majority vote.
Electoral is another issue that doesn’t apply locally of course.
Re: “Yes there will always be partisan nonsense sadly, but do we HAVE to have that on our ballots?”
Only one way to change it – repeal / change current election law.
Only one way to accomplish that – take over one of the parties at all levels (state and federal) with a veto proof majority.
Original supporters of the Tea Party movement are working on just that.
Forget about the donkey, it is too far gone relative to control by the socialists / communists / Muslims but there is still an opportunity with the elephant.
Unless those HOPING / WISHING for change wake up to the realization that there is only one way to achieve the goal of non-partisan elections and keep trashing the elephant, we will remain mired in the partisan quicksand.
Those voters who remain convinced that ‘independent’ or ‘third party’ or the donkey is the way to go are the stumbling block to removing partisanship.
Those who vote for ‘the person’ instead of ‘the party’ are part of the stumbling block.
Very disappointing!
Let’s correct the obviously messed up (putting it politely) hearing system via VOTING….go Gasser!
Now to get the message out, put the pressure on or we’ll have another vote result like
Jack Franks.
For Bot: Re: “And if Rein is successful at his run for Woodstock Mayor?”
Not the same Rein that is on the County Board.
Nunda Township is picking an entirely different electoral board. They meet today at 1:30.
Their attorney went to Judge Sullivan and got that direction so I don’t understand what was said about Algonquin.
versus
Mike – Somethng about a state statute.
Cannot have all the voters be Trustees.
Diane Klem did not show up so Lutzow had to take her place.
I totally agree with Dan Marshall!
Let me get this straight, some County Judge “forced” Lutzow, against his will, to sit on the board?…….
That’s preposterous, a person can always recuse himself and they don’t have to give any reason for it.
Bobby Miller demonstrates his lack of attention to detail so badly, he really forfeits any plausible reason to vote for him or hold the coveted and overpaid office ……
all the wink had to do was glance at the candidacy statement he filed 4 yrs ago …..
or the many over the years prior to that, to notice something was seriously amiss.
But no, he was too lazy to even do that!
He IS NOT the nominee of a GOP Caucus that never took place in Algonquin Township as he swore he was.
His petitions say he was only an aspirant for the GOP nomination FOR THE FEBRUARY PRIMARY not the GOP Nominee FOR THE APRIL ELECTION.
When this case graduates from kangaroo-Lutzow Court, Miller won’t be sitting so pretty.
It’s amazes me how these elected officials whine about how difficult it was to locate the correct Statement of Candidacy form.
The Clerk directs prospective candidates to go to the State Board of Elections site and pull up the Candidates Guide for all information.
When you search the index of the Candidates Guide, you will see on Pages 33 and 34 extensive information about the Statement of Candidacy.
On Page 34 it clearly refers to SBE Form P-1 to be used for an established political party (in this case, the candidates were all of the Republican Party).
You merely search for SBOE P-1 and “voila!” there it is, ready for a candidate’s completion.
How many forms and contracts have been signed by officials that obligated the taxpayers for hundreds of millions of dollars?
did they read these forms before they signed, or, did they sign whatever was pushed in front of them?
Bob Miller won’t be laughing when he’s collecting unemployment next May.
I mean how dumb can a road way commissioner be?
Gasser may or may not turn out to be good. But Miller has proven himself to be a nepotistic parasite …. a noxious pest who must be turned out of office:
https://i.ytimg.com/vi/CF-rftkxsac/maxresdefault.jpg
Elected officials are not eligible for unemployment insurance.
Old man go take some geritol!!1 The gasser who is a gas bag is a double dipping looser who lives in his mommy’s basement. The gasser who is a gas bag has never achieved anything in his life. He was a stupid idiot in highschool and a moron who never did anything.
No one can name any accomplishments that the gas bag gasser has accomplished.
How is gas bag gasser working out for you republicans? He is destroying our party and is a Jack Franks supporter. People saw him putting in Jack Franks signs in Algonquin. Does gasser ever stand up to anyone or is he just some grandstanding narccisist? you decide.
These blogger have demonstrated so much hate against people and we all wonder what’s wrong with our world.
These blogger that demonstrate the hate are the one sitting in the church pew to confess to mam how they acted during the week.
Then out the door to the blog to post some hatred comments.
Lets lead by examples and not by hatred
AMEN
Facts and Joe must go to pablum puking churches.
The real followers of Christ are in on the battle!
You have the power too trample on scorpions!
Start doing it!!!!!!!!
wrong to.
Sorry.
Sentence was truncated.
Look up Cindy that’s a shoe coming down on you
More?
This is the reason why there is no hope for humanity.
People are not wont to loving their neighbor or stepping out of their comfort zone to help each other.
Your necessity to feel witty while hiding behind a very convoluted screen name just to show your elitist privelege tells me there is no hope for you.
Says Cindy/Semper Fi/Duncan McHenry.
lol.
Watching has just proven themself to be a huge idiot.
Even dumber than the evil More.
It was unclear what I meant in the comment.
Was it all of them or one of them?
But then Cindy made it clear: Watching means they are all one person, and hit the nail on the head.
This frustrated poor Duncan, and he got angry.
Sorry Scott.