Arguments Shared in DePoister Ballot Case

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Published on July 8 2016 4:35 pm
Last Updated on July 8 2016 5:51 pm
Written by Greg Sapp

(FROM LEFT: ELECTORAL BOARD MEMBERS INCLUDING STATE'S ATTORNEY BRYAN KIBLER, COUNTY CLERK KERRY HIRTZEL AND CIRCUIT CLERK JOHN NIEMERG; TO THE RIGHT, STEVE DONALDSON IN THE GREEN SHIRT, MIKE DePOISTER IN THE BLUE SHIRT AND DePOISTER'S ATTORNEY CHRIS KOESTER)

Arguments were shared Friday afternoon with an Effingham County Officers Electoral Board on whether Mike DePoister should be allowed to appear on the election ballot this November.

Steve Donaldson filed an objection on DePoister appearing on the ballot. Donaldson said state statute reads that someone who voted as part of an established political party in the primary election can't run on another party or as an independent in the general election that fall. DePoister voted a Republican ballot in the March primary.

Donaldson, the former Republican Party Chairman, supported DePoister's Republican opponent for re-election, John Perry. That led DePoister to announce he would be running as an independent for re-election.

During Friday's hearing, DePoister's attorney Chris Koester argued that Donaldson failed to declare in his objection why he filed the objection. Koester contended that case law indicates that strict compliance is needed when it comes to such an issue as taking a candidate off the ballot. 

Koester requested a directed verdict against Donaldson's objection before arguments were even heard, but the Board took the request under advisement.

When testimony was heard, Donaldson reiterated that state statute prohibits DePoister from running as an independent, and believes he fulfilled all necessary requirements. Effingham County State's Attorney Bryan Kibler said it was clear to him why Donaldson was seeking DePoister's removal from the ballot, but Koester countered that "there can't be an assumption, it needs to be strictly stated" in the objection.

That testimony was also taken under advisement by the Electoral Board, which consists, by statute, of Kibler, County Clerk Kerry Hirtzel and Circuit Clerk John Niemerg. Hirtzel, as Chief Election Authority for the County, chairs the Board.

The Board agreed to convene again on Tuesday, the 12th, at 2pm to discuss the information and render a decision.

Following the hearing, Donaldson said this isn't the first time this has happened in Effingham County. He said he knows of such an occurrence in Liberty Township and one in another township.

For his part, DePoister said he feels confident he'll win the issue and appear on the ballot. He said, "we want the voters to decide who is elected."