WGFA NEWS AUGUST 16, 2008
Aug 18th, 2008 | By WGFA Radio | Category: Regional News* Iroquois County ballot >
The ballot error in Iroquois County remains un-resolved. Judge Kendall Wenzelman Friday said he needs to know what county clerk Mark Henrich’s intention is, before he can issue a ruling to establish the District 2 County Board election ballot for November. A mistake in the clerk’s office establishing the ballot resulted in the posting of a board contest for a 2-year term when it should have been a 4-year term. The judge set an August 25th date to hear more from the parties involved. Meanwhile–an amended complaint will need to be filed Monday by State’s Attorney Jim Devine, on behalf of Henrichs, with a Wednesday deadline for response filings.
Friday’s hearing before Judge Wenzelman was on a motion filed by Green Party Chairman Dale Strough to dismiss the petition seeking a declaratory judgment. Strough successfully argued the petition was insufficient in that Henrichs needs to be the complaitant in the case. Devine, it’s now expected, will file an amended complaint naming Henrichs. The complaint is expected to specify what Henrichs proposes to correct the ballot mistake created in his office. Henrichs’ proposal is likely to ask the court to allow four candidates to seek two 4-year seats in District 2 for the County Board.
Devine asked the court Friday “why wait for a wrong ballot to be printed only to correct it ?” And there’s nothing in the Election Code giving the clerk the authority to change it. Strough agreed. There’s no provision in the Code to correct a mistake.
That’s where Wenzelman comes into play. The judge said he needs to know what the clerk’s intent is. Wenzelman said if the parties can agree, I can approve it. If not, the clerk’s position on the matter is necessary to consider a corrected ballot. Thus, the amended complaint expected next week.
The need to correct the November ballot would also kill the mistaken primary ballot, which incorrectly had board member Troy Krumweide (crum-we-dee) of Watseka listed improperly for a 2-year term. That seat was actually a 4-year term, Krumweide having been appointed to complete the term of the late Alan Benjamin, who died in January of 2007. Retired probation officer Mike Power also filed for the 2-year term as an Independant candidate.
Board member Russell Bills of Watseka and Green Party candidate Chris Meredith of Watseka both filed for a legitimate 4-year term. Had Bills and Krumweide both filed for correctly-posted 4-year terms, both would have won nomination. And had there not been a mistaken ballot, all four candidates would now be challenging each other for two 4-year terms.


