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July 21, 2024

Clark County Electoral Board Judicial Review –

By John Kraft & Kirk Allen

On February 18, 2015


The petition for judicial review of the Clark County Electoral Board’s determinations on the petition objections of the Park District Commissioners was heard in Vermilion County Circuit Court yesterday, February 17, 2015.

It was heard in Vermilion County because of the Clark County recusals.

The Court determined that it did not have jurisdiction to hear the cases due to service of petitions falling outside the mandated 5 day window after the Electoral Board’s decisions. The Court determined that the electoral Board met and made their determinations on January 12, 2015, leaving the fifth day to file on January 20, 2015, and that the service was not conducted until January 21, 2015 – one day late.

The problem(s) with this determination as I see it are that (1) the Electoral Board met on January 13th, not the 12th, which would leave the last day to file and serve the petition for review for the 21st – not the 20th, and, (2) the Election Code states service of the Electoral Board’s determinations must be made to the individual in writing as stated below in Section 10-10 of the Election Code:

The electoral board must state its findings in writing and must state in writing which objections, if any, it has sustained. A copy of the decision shall be served upon the parties to the proceedings in open proceedings before the electoral board. If a party does not appear for receipt of the decision, the decision shall be deemed to have been served on the absent party on the date when a copy of the decision is personally delivered or on the date when a copy of the decision is deposited in the Unites States mail, in a sealed envelope or package, with postage prepaid, addressed to each party affected by the decision or to such party's attorney of record, if any, at the address on record for such person in the files of the electoral board.

The Electoral Board did not accomplish this until the 21st for all parties, and in my First Amendment opinion of the law (I am NOT a licensed attorney)  it should be the date the clock starts tolling for the 5 day petition for review clock.

The petitioners have three options left: 1) accept the Court’s decision, or, 2) file a motion to reconsider with the Circuit Court, or, 3) file a notice to appeal to the Appellate Court.




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