DePoister Ballot Hearing Set for August 5

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Published on July 19 2016 1:42 pm
Last Updated on July 19 2016 1:42 pm
Written by Greg Sapp

The hearing on Mike DePoister's appeal of a ruling keeping him off the November election ballot has been scheduled for August 5.

DePoister is appealing a decision by the Effingham County Officers Electoral Board upholding an objection by Steve Donaldson, who contends that State law prohibits someone who voted as a member of a recognized political party in the March primary can't run as an independent or a member of another recognized political party in the November general election. The Electoral Board agreed and ruled DePoister off the ballot.

DePoister is now arguing that the state law that resulted in the Electoral Board's decision is unconstitutional. That issue is something the Electoral Board couldn't address, so the matter is going to court. DePoister also still arguing an issue that was raised before the Electoral Board, that Donaldson was not specific in why he filed the objection to DePoister's candidacy. The Electoral Board disagreed with that contention.

The Electoral Board is named in DePoister's suit along with the three members Chairman Kerry Hirtzel and members Bryan Kibler and John Niemerg, as well as Donaldson.

Local judges James Eder, who typically handles civil cases in the county, and Kimberly Koester, who handles most other cases in the county, have recused themselves from the case as they deal with those involved in the suit on a regular basis. The Chief Judge's Office has assigned Judge William Becker of Clinton County to hear the case.

The hearing will begin at 9am at the Effingham County Government Center.