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Tuesday, May 7, 2024

Illinois State Board of Elections met April 14

Illinois State Board of Elections met April 14.

Here are the minutes provided by the board:

STATE OFFICERS ELECTORAL BOARD 

Special Meeting

PRESENT: Ian K. Linnabary, Chair

Casandra B. Watson, Vice Chair

William J. Cadigan, Member

Laura K. Donahue, Member

Tonya L. Genovese, Member

Catherine S. McCrory, Member

William M. McGuffage, Member

Rick S. Terven, Sr., Member

ALSO PRESENT: Bernadette M. Matthews, Executive Director 

Jeremy Kirk, Assistant Executive Director

Marni M. Malowitz, General Counsel

Amy L. Calvin, Board Liaison

The meeting convened at 9:32 a.m. via videoconference with all Members present. Chair Linnabary and Members Cadigan, McCrory and McGuffage were present in the Chicago office, Members Donahue and Genovese were present in the Springfield office and Vice Chair Watson and Member Terven were present via Zoom.

Ms. Malowitz presented the following objections to established party candidate nominating petitions for the June 28, 2022 General Primary Election. She noted that the summary sheets and hearing officer’s reports were distributed to the board and that she would give a brief summary of each objection. The Board then considered and ruled on the following objection matters.

Edley v. Taylor, 22SOEBGP100. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained because the candidate did not submit the statutory minimum number of signatures. She further recommended finding the objection relating to the candidate’s name as appearing on the Statement of Candidacy and nomination petitions has been rendered moot, as candidate’s nomination petition does not contain the statutory minimum number of signatures. William Edley was present and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

Sampson v. Henderson, 22SOEBGP101. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained because the candidate did not submit the minimum signature requirement for the office sought. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Madonia v. Eddington, 22SOEBGP105. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained because the candidate did not submit the statutory minimum number of signatures. John Fogarty was present on behalf of the Candidate and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of Walls v. Harms, 22SOEBGP501. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained based on the results of the records exam, which demonstrated that the candidate did not meet the minimum signature requirement for the office sought. John Fogarty was present on behalf of the candidate and concurred with the recommendation. She also did not recommend taking any action as a result of candidate’s exception. John Fogarty was present on behalf of the candidate and concurred with the recommendation. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Bernas & Falk v. Olson, 22SOEBGP502. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained because the candidate did not submit the statutory minimum number of signatures. John Fogarty was present on behalf of the Candidate and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

Alwan v. Manley, 22SOEBGP518. Ms. Malowitz recommended that the candidate should be certified to the ballot. Michael Kasper was present on behalf of the Candidate and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

Sinson v. Blan, 22SOEBGP527. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained based on the results of the records exam, which demonstrated that the candidate did not meet the minimum signature requirement for the office sought. Michael Kasper was present on behalf of the Candidate and concurred with the recommendation. Member McCrory moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

King v. DeJoie, 22SOEBGP529. Ms. Malowitz concurred with the hearing officer recommendation that the objection be overruled and the candidate’s motion to strike and dismiss be granted because Candidate’s omissions did not jeopardize the integrity of the election process or cause voter confusion, and the nomination papers substantially complied with the Election Code. Max Solomon was present on behalf of the candidate and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

King v. Goodrum, 22SOEBGP531. Ms. Malowitz concurred with the hearing officer recommendation that the objection be overruled and the candidate’s motion be granted because Candidate’s omissions did not jeopardize the integrity of the election process or cause voter confusion, and the nomination papers substantially complied with the Election Code Max Solomon was present on behalf of the candidate and concurred with the recommendation. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Guss v. Gryder, 22SOEBGP535. Ms. Malowitz concurred with the hearing officer recommendation that petition sheets numbered 19 and 67 and rejecting the objector’s argument that the inclusion of these two errant petition sheets in the candidate’s nomination papers invalidates the remaining petition sheets that follow the initial errant sheet. Ms. Malowitz also recommended that candidate’s motion to strike and dismiss be granted in part, dismissing objector’s petition except for paragraphs 3-4 of objector’s petition, which are sustained. She further recommended the Board specifically find the candidate has 1,078 valid signatures, 678 over the statutory minimum, after striking 20 signatures in accordance with the hearing officer’s recommendations. John Fogarty was present on behalf of the candidate and concurred with the recommendation. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member McCrory seconded the motion, which passed by roll call vote of 8-0.

Guss v. Lombardi, II, 22SOEBGP536. Ms. Malowitz concurred with the hearing officer recommendation that the candidate’s statement of candidacy as a whole sufficiently identifies the office sought, does not result in voter confusion, and substantially complies with 10 ILCS 5/7-10. The hearing officer also recommended that the candidate’s motion to strike and dismiss related to the notarization of the candidate’s statement of candidacy be granted , rejecting the objector’s argument that the inclusion of one errant petition sheet in the Candidate’s nomination papers invalidates the remaining petition sheets, and further recommended that the Board strike petition sheet 90. The General Counsel did not recommend striking petition sheet 90 because the objector’s petition did not request that sheet 90 be stricken. The General Counsel also recommended supplementing the hearing officer’s recommendation with a specific finding that the candidate has 1,024 valid signatures. Max Solomon was present on behalf of the candidate

and concurred with the recommendation. Member McCrory moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Williams & Mangrum v. Williams, 22SOEBGP537. Ms. Malowitz concurred with the hearing officer recommendation that the objection be overruled based on the results of the records exam, which demonstrated that the candidate had 485 valid signatures, 85 greater than the statutory minimum. Ms. Malowitz further recommended that with respect to Objector’s objection to candidate’s petition sheet number 26, it is well-settled that the failure of a notary public to properly affix their seal to a petition sheet, although technically incorrect, does not render a petition sheet invalid where the notary public actually signed the notary portion. Ross Secler was present on behalf of the candidate and concurred with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

Willard v. Toolis, 22SOEBGP541. Ms. Malowitz concurred with the hearing officer recommendation that the objection be overruled and the candidate’s motion to strike objector’s petition be granted because the candidate has sufficient signatures for ballot access. Mike Kasper was present on behalf of the objector and John Fogarty was present on behalf of the candidate, both of which concurred with the recommendation. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Coakley v. Smith, 22SOEBGP544. The matter was continued to the April 21 board meeting.

Wilson & Popovich v. Weinstein, 22SOEBGP546. Ms. Malowitz concurred with the hearing officer recommendation that the objection be overruled, and that the candidate meets the qualifications for judicial office per Article VI, §11 of the Illinois Constitution as she is a licensed attorney-at-law in the State of Illinois. The hearing officer also recommended that that candidate’s motion to dismiss be granted as to paragraphs 9 and those that follow related thereto (paragraphs 10-19) regarding the candidate’s name’s compliance with Article 10 of the Election Code, as the candidate has filed as an established party candidate under Article 7 of the Election Code, and that candidate also did not violate the candidate name requirements of Article 7 in Sections 7- 10.2 and 7-17. Ms. Malowitz further recommended finding that the objectors did not show the candidate’s statement of candidacy is false and that on the issue of candidate’s name, the Board should limit its ruling to the issue raised by the objector in its petition under Article 10, Section 10- 5.1. Ross Secler was present on behalf of the candidate and agreed with the recommendation. Member McCrory moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

McDonough v. Brown, 22SOEBGP556. Ms. Malowitz concurred with the hearing officer recommendation that the objection be sustained because the candidate did not submit the statutory minimum number of signatures. Michael Dorf was present on behalf of the objector and agreed with the recommendation. Member McGuffage moved to adopt the recommendation of the hearing officer and General Counsel and not certify the name of the candidate to the ballot. Member Cadigan seconded the motion, which passed by roll call vote of 8-0.

Lee v. Harris, 22SOEBGP562. Ms. Malowitz concurred with the hearing officer recommendation that the candidate’s motion to strike objector’s petition be granted, as the candidate submitted 585 more than the statutory minimum requirement. John Fogarty was present on behalf of the candidate and concurred with the recommendation. Member Cadigan moved to adopt the recommendation of the hearing officer and General Counsel and certify the name of the candidate to the ballot. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

Member Cadigan moved to accept the following Objections/Candidates withdrawals. Member McGuffage seconded the motion, which passed by roll call vote of 8-0.

a. Geiler v. McHaney, 22SOEBGP107 – objection withdrawn;

b. Larue v. Underwood, 22SOEBGP504 – objection withdrawn;

c. Guss v. Starrett, 22SOEBGP505 – candidacy withdrawn;

d. Bridges v. Ramos, 22SOEBGP508 – candidacy withdrawn;

e. McCullagh v. Smith, 22SOEBGP509 – objection withdrawn;

f. Cahill v. Starrett, 22SOEBGP510 – candidacy withdrawn;

g. Adams v. O’Keefe, 22SOEBGP514 – candidacy withdrawn;

h. Sorensen & Buyer v. Heldut, 22SOEBGP516 – candidacy withdrawn; 

i. Larue v. Koolidge, 22SOEBGP538 – objection withdrawn;

j. Nelson v. Williams, 22SOEBGP543 – objection withdrawn;

k. Tirado v. Aguirre, 22SOEBGP549 – objection withdrawn;

l. Barkoozis v. O’Keefe, 22SOEBGP550 – candidacy withdrawn;

m. Speed v. Sheehan, 22SOEBGP551 – objection withdrawn;

n. Waites v. Cruz, 22SOEBGP553 – objection withdrawn;

o. Kelly v. Ahmed, 22SOEBGP554 – objection withdrawn;

p. Ward v. Slaughter, 22SOEBGP557 – objection withdrawn.

With there being no further business before the State Officers Electoral Board, Member McGuffage moved to recess until Thursday, April 21, 2022 or until call of the Chair, whichever occurs first. Member Donahue seconded the motion, which passed unanimously. The meeting ended at 10:35 a.m.

https://www.elections.il.gov/AboutTheBoard/MeetingMinutes.aspx?MID=8HKWm16HSC8%3d&T=637893308186400588

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