Depending on whose side you were on it was either a massive
miscarriage of justice or an example of the American legal system at its
best.
On a cloudy Friday afternoon, the Livingston County Electoral Board decided
that Tony Childress lacked the required number of valid signatures to
become a candidate for County Sheriff in the upcoming November
elections.
According to the initial count, the Board approved a total of 778
signatures in support of Childress' candidacy. However, a late e-mail from
Assistant States Attorney, Carey Luckman, to Childress attorney, Carl Draper,
indicates the current total shows a deficit of only two signatures. The Board
had overlooked an approved petition sheet with eight valid names.
With stacks of paper representing judgments, rulings, court cases and
miscellaneous documentation before them, the trio of Luckman, Kristy Masching,
and Connie McDougal, deliberated for four hours before proclaiming their
verdict.
At issue was the very complicated and obscure Illinois electoral law, which
leaves great latitude to a local board to determine the validity of candidate
petitions.
In a back and forth debate the Board tossed out signatures it deemed
invalid, and accepted others that appeared to be "in substantial compliance"
with the dictates of the law.
For instance, the Board eliminated petitions lacking the circulator's name
and date, as well as petitions not circulated by the signer. The Board also
threw out petitions circulated by people who had previously circulated petitions
for the February primary. This last decision was reached only after extensive
research into a murky and debatable area of election law.
Conversely, the Board approved petition sheets that bore undated
notarization, with Luckman ruling that the notary law was not germane to
requirements under election law. Printed signatures were also allowed, as were
the controversial petition sheets left on a counter at the DeLong
restaurant.
The Board determined that there was no "pattern of fraud" indicated in the
process, although Board members were dismayed at the number of minor
inconsistencies and incompleteness of some of the forms. They found no "blatant
disregard of the electoral process."
Childress expressed appreciation to the Board for a deliberative and fair
assessment of his petitions. Attorney Draper said the Board went out of their
way to be fair, a sentiment also expressed by McGlasson attorney, Steve
Laduzinsky.