Round One: Campbell tossed from ballot

The decision by the election board to uphold County Board District 3 member Riley Oncken’s objection to his challenger and former DeKalb County States Attorney Clay Campbell’s petition was expected.

But there were two surprises.

1. Asst. DeKalb County States Attorney Stephanie Klein voted against Oncken’s objection citing case law.
2. Oncken, who also serves as conflict counsel for the 23rd Judicial Circuit, was represented by former judge John Countryman.

Countryman is a leading attorney among those in the practice of candidate petition law.

In 2004 Countryman represented Bonnie Kersten in a successful objection that removed two District 428 board candidates from the ballot.

Jeffery Campbell did not get the required 50 signatures for his petition. He submitted only 46 signatures.

Kersten’s objection, sustained by the electoral board, to Corey Butler’s petition was the name “Dr. Corey D. Butler” was used on election filing documents. Countryman cited state statutes ruling that potential candidates cannot use titles to influence the ballot.

The electoral board that handled the hearing was composed of school board president Mike Verbic and local attorneys Bradley Waller and Jack Slingerland.

In 2013 Countryman represented then DeKalb County Board chairman Ruth Ann Tobias to defeat an objection filed by DeKalb resident Lisa Wilcox. Wilcox, who was not represented by an attorney, claimed Tobias’ petition missed information including the candidate’s political party, name of the county, name of the district and date of the primary election in specific places. The objection pointed out names on Tobias’ petition that were not registered voters, as well as petition signatures that did not match up with the registered voter’s name on record with the county.

Countryman successfully argued that the Illinois State Board of Elections focuses on substance over form. That electoral board consisting of former DeKalb County Clerk John Acardo, current DeKalb County Circuit Clerk Maureen Josh and former DeKalb County State’s Attorney Clay Campbell voted against Wilcox’s objection and Tobias remained on the ballot.

Campbell has indicated he may appeal the decision with the Illinois State Board of Elections. Candidates can appeal the local election board’s decision within 7 days.

Oncken alleged that Campbell’s voter registration card was not for District 3. Campbell admitted he had not re-registered at his current address but  believed he had until 30 days before the March 2014 primary election to update his card. He claimed 17 sources of documented proof that he was a resident of District 3 for two years.

Campbell should appeal. His race in District 3 would be hotly contested. The public would be well served to hear both sides of the arguments between Oncken and Campbell regarding public policy and government ethics.

At the beginning of the public hearing for the landfill expansion Oncken allegedly told Paulette Tolene-Sherman that Campbell was tanking his bid for election as DeKalb County States Attorney by siding with the objectors to Waste Management’s siting expansion.

Oncken vehemently denied several of Sherman’s statements and the implications that he had a predetermined position in favor of the landfill expansion. He later testified that while he maintained he had not prematurely made up his mind he did make the statement that two of the objectors, Mac McIntyre and Gracie Mott, had too much time on their hands.

Campbell was successful in his bid to become DeKalb County States Attorney. But after one two year term despite garnering national recognition for his successful prosecution of a 50-year old murder case he was narrowly defeated (by 753 votes of a total near 40,000 ballots cast) by Richard Schmack.

Schmack’s campaign website published statements attributed to Campbell that belittled the Stop The Mega-Dump organization’s effort in appealing the landfill expansion. Those statements were widely shared on the social networks. Campbell won the Republican primary race handily over challenger Sean Smith and seemed poised for an easy re-election.

District 3 voters also rejected Riley Oncken’s bid for re-election to the county board in 2012. Cortland Township, ground zero for the landfill expansion, is included in the district. Ken Andersen-R and Mark Pietrowski-D, opponents of the landfill expansion were elected by voters.

Andersen resigned in a dispute over the unusual process that allowed the Democrats on the board plus Jeff Metzger elect Metzger as chairman of the county board over Andersen who was the caucused selection of the DeKalb County GOP which is the usual process the chair is selected.

Oncken was then reappointed to represent District 3 on the county board. He received a supporting vote from Mark Pietrowski, chair of the DeKalb County Democrats.

Attorney Richard Means of Oak Park also practices in election law. His experience led him to post this advice to Illinois candidates seeking to serve in elected office:

The recitation above will impact differently on potential candidates. Some will resolve that:

The political system is so illogical and corrupt that no respectable person should have anything to do with it; or

The political system is so illogical and corrupt that all respectable persons should sacrifice their time and efforts to clean it up; or

The political system is so illogical and corrupt that this respectable person will run for office with expert legal advice from the very beginning of (and throughout) his or her campaign in order to be elected to change the system.

Emphasis mine.