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Village President Candidate Michels Files Appeal of Electoral Board Decision

Jan 15, 2015 03:08PM ● Published by Steven Jack

Village President candidate Terry Michels gives testimony during a recent petition objection hearing.

Oswego Village President candidate Terry Michels has filed an appeal to one of the decisions made by the village's Electoral Board earlier this month.

According to the appeal filed in Kendall County Circuit Court Wednesday, Michels is asking for the reversal of the Electoral Board vote to allow fellow Village President candidates Tony Giles and Gail Johnson on the April 7 ballot.

The appeal, in part, challenges the board's decision based on Giles and Johnson both filing incorrect nominating petitions beyond the non-partisan filing date. The appeal again also challenges Village Trustee Judy Sollinger's position on the Electoral Board.
RELATED: Board Allows All Candidates on Oswego Ballot

Michels previously tried to have Sollinger removed from the Electoral Board based on the fact that she had notarized the nominating petitions of several trustee candidates whose petitions Michels had objected to, and her attendance at a 2014 Johnson fundraiser.

"Sollinger was observed (on Facebook) participating in campaign activities for at least two candidates who were parties to (Michels') objection and subjects of the hearing before the Electoral Board," the appeal states. "... (Michels) contends that Sollinger's actions undoubtedly create an appearance of impropriety ... Despite Sollinger's contention that she would be able to remain impartial, ... she was the sole Electoral Board member who voted against (Michels') interest on all actions in both the present case, as well as its companion case."

Michels' appeal is likely to be heard Friday during a hearing at which 
23rd Circuit Court Judge Stephen Krentz will be asked to consider a lawsuit filed by the village of Oswego against the village and county clerks' offices. 

RELATED: Village of Oswego Files Suit in Election Battle

The village is seeking an injunction that would force the clerks’ offices to conduct a primary election in February and abide by a unanimous village resolution passed in July that officially makes the village’s election process non-partisan.
Non-partisan elections require a November filing period and a possible February primary if enough candidates or write-ins file. The need for a primary election was triggered after three candidates — Village President candidate Giles and trustee candidates James Marter and his son James Marter II filed as write-ins during the filing period that ended Dec. 29. 

Village President candidate Michels and Trustee candidate Diane Selmer were the only two to file during the filing period for non-partisan elections that ended Nov. 24. 

Several other candidates who plan to run for village offices believed they had until Dec. 22 to file their petitions, as has been past village practice and is erroneously stated in the village’s candidate election packet and on its website.

Those candidates that filed during the December filing period are Village Trustees Giles and Johnson for village president, and trustee candidates Ryan Kauffmann, Karin McCarthy-Lange, Joe West, Brian Thomas and Rasma Motykowski.

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