During the March 2018 primary slanderous and defamatory fliers were mailed to thousands of households in McHenry County.
The mailings were done by an organization that called itself the Illinois Integrity Fund.
The cost for the three mailings was in the tens of thousands of dollars.
The Illinois Integrity Fund never registered with the Illinois State Board of Elections as required by law.
The target of the mailers was Joe Tirio, a Republican candidate for County Clerk, who was sworn in to the office last Monday.
For himself and for future officeholders, on April 25, 2018, Tirio filed a preliminary lawsuit against the printer of the flyers to learn the identity of the person or persons behind the Illinois Integrity Fund – the entity responsible for the flyers a McHenry County judge has ruled were defamatory.
Tirio’s lawyer, Philip Prossnitz, said,
“Joe entered public service to rid the political arena of wasteful spending and encourage like-minded, practical, reasonable citizens to become public servants to work efficiently and effectively for the taxpayer.
“No one would ever think of running for political office if they thought their good name could be defamed without any consequence.
“This preliminary lawsuit just to unmask the Illinois Integrity Fund has gone on for over 7-long months of lengthy, expensive, protracted litigation.
“It’s time to have a jury of 12-citizens rule.”
“The Respondents Janice Dalton and Breaker Press,” Prossnitz continued, “have mounted a legal defense to protect the identity of the Illinois Integrity Fund.
“That defense has run into the tens of thousands of dollars in legal fees on a motion to dismiss, a renewed motion to dismiss, a motion to reconsider the denial of their motion to dismiss, and now an appeal.
“Joe wants the Illinois Integrity Fund to face him in a court of law and answer his complaint that they defamed him; a charge by the way that Judge Kevin Costello has ruled after extensive, exhaustive and thorough briefing and argument should not be dismissed.”
The matter is set for status in front of Judge Costello on December 11, 2018 at 9:00 am.