Constitutional Considerations Cited in DePoister's Appeal to Remain on Ballot

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Published on July 18 2016 9:56 am
Last Updated on July 18 2016 9:58 am
Written by Greg Sapp

Constitutional concerns are being cited in an appeal by Effingham County Board member Mike DePoister of his removal from the November election ballot.

(MIKE DePOISTER)

An Effingham County Officers Electoral Board ruled DePoister off the ballot, citing a state law stating that someone voting as a member of a recognized political party in the March primary can't run for office as an independent or as a candidate of another recognized political party in the November election. DePoister announced plans to run as an independent after he learned that the local Republican leadership planned to endorse DePoister's challenger in the County Board District E race, John Perry, for the nomination. DePoister was first elected to the Board as a Republican.

Steve Donaldson, who was County Republican Party Chairman at the time of the primary, filed the objection to DePoister remaining on the ballot. Donaldson later did not seek re-election as party chairman.

DePoister's attorney, Chris Koester, filed a Petition for Judicial Review on Friday, alleging Donaldson's failure to comply with state law that requires an objector to state his interest or reason for filing the objection. Koester also challenged the constitutionality of the 2012 amendment to the state Election Code statute that prevents an independent candidate from exercising his or her right to vote in a primary election while allowing other candidates to vote in the same primary.

"The law violates in the Equal Protection Clause of the Fourteenth Amendment of the Constitution because it treats 'Independent Candidates' differently from other similarly situated candidates without any rational basis to make such a distinction," Koester explained. "In addition, the decision of the Electoral Board and the application of the 2012 amendment to the law violates Mr. DePoister's First Amendment right to advance political ideas and suppresses political speech to the detriment of the citizens of Effingham County."

An Effingham County Circuit Court judge is required to expedite the proceedings because of the impact a decision will have on preparation of the ballot and the election process this Fall. Illinois law requires that a hearing be conducted within 30 days of the filing of the appeal.

DePoister said he is committed to following through with the appeal because "it is the right thing to do." "I do not believe that I should be punished for merely exercising my constitutional right to vote in a very important primary election," DePoister explained. "More importantly, I cannot believe it is appropriate for a few politically motivated individuals to deny the citizens of this County the right to choose their representative in County government."