The Democrat objectors of five McLean County Republican ballots are appealing the McLean County Electoral board’s decision to keep five county board candidates on the ballot for the June election. McLean County clerk Kathy Michael said it’s in the Circuit Court’s hands now.
“I thought, oh my goodness, do we go through the court whole hearing again, which is fine. That’s part of the job, but we just have to prepare the paperwork to give it to the circuit court’s office… is my understanding and the judges will then weigh the evidence and they take it from there. I don’t know the timeline, but of course we’re working on preparing ballots right now and proofing ballots. So I would imagine it’s a pretty short, brief time…to get this next step completed,” said Michael.
Once the McLean County Circuit Court comes to a decision whether that be to keep uphold the Electoral Board’s decision or to side with the Democrat objectors…both sides can then appeal that decision. The Appellate Court would then hear if and if the either party is still unsatisfied with the decision they can appeal to the Supreme Court.
About six years ago Michael dealt with an objection…but never an appeal. There’s a possibility Rebecca Simmons-Foley, a resident judge of the 11th Circuit Court in McLean County, will hear the case…but the question of whether multiple judges and multiple hearings will take place. Right now they’re filed separately. Another possible judge is Judge Scott Kording.
Gregory Moredock, a Springfield attorney, is representing all the Democrats. In the second hearing, held because Annette Fellows was absent at the first hearing, the question of how that attorney was not asked.
“I think that [the question of how the attorney was paid for] would have been inappropriate. I think all the ‘T’s’ were crossed there with representation and everybody presented their evidence, both the objectors and the respondents,” said Michael.
By law the Electoral board was made up of one official from the offices of the McLean County Clerk, the Circuit Court and the State’s Attorney’s Office. Don Knapp recused himself and the Assistant State’s Attorney Mary Koll’s represented the State’s Attorney’s Office.
Now the McLean County State’s Attorney Office was not conflicted out via a statute. Don Knapp was not a candidate being objected nor an objector so they didn’t have to appoint the County Treasurer.
Knapp recused because he donated to John McIntyre’s campaign and McIntyre endorsed Knapp for judge.
“To avoid even the appearance of favoritism, I decided it was best to appoint an ASA. Lots were drawn in the office from our leadership team and Mary Koll’s name was picked out of a bucket,” said Knapp.
The five Republicans who were contested are:
Catherine Metsker
John D. McIntyre
Hannah Blumenshine
Vicki Schultz
Annette Fellows
“We, as a panel, got to ask questions of both sides and we heard all the evidence and then made our decision to reverse the objections based on the evidence we heard,” said Michael. “It says in the statute ‘should be or shall be numbered’ and the statute says ‘shall be bound in the left-hand corner, like a book’… all those different criteria. And so one side said, you know, he didn’t follow, but there were appellate cases who reversed those decisions, many decisions that were made like that.”
Full names of Democrat Objectors:
Jill Blair
Shayna Watchinski
Anna Darrow
Cara McMorris
Sarah Breeden
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