Process for Referenda Resolutions
Election Code
The ILCS does not provide for an apparent conformity process for Referenda Resolutions from a local unit of government.
Supporting Evidence
County Clerk Files First Auditor Referendum
County Clerk files Auditor Referendum for the General Primary Election to be held on November 8, 2022 with ballot language – “Shall Peoria County eliminate the office of the internal County Auditor, effective December 1, 2024 because Peoria County has an external auditor as required by state law?
Within the Auditor Referenda Resolution, there are errors referencing that November 8, 2022 is a General Primary Election and it is not as it is a General Election, it was still slated to be placed on the ballot.
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Objection Refused by Election Commission
Community Advocate discussed with Executive Director about the deadline for filing an objection to the ‘wrong’ filing and Director states that it is five business days after the date filed (August 22nd) which was August 29th. Community Advocate indicates that an objection will be filed.
On August 29th, Community Advocate presents original and two copies of objection to the Executive Director who refuses delivery of these documents.
“Per instruction from the Peoria State’s Attorney’s Office this objection has not been accepted. The statute does not provide for a challenge in this situation.”
Objections can be filed for candidate’s petitions or petitions not for referenda resolution from local units of government. Referenda resolutions are challenged via the court system.
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County Clerk Files Second Auditor Referendum
On August 29th, Community Advocate learns that a second Auditor Referendum has been filed and asks for a copy from the Executive Director. Community Advocate asks if this is legal. Executive Director does not like this situation, however is doing what she was instructed to do per the State’s Attorney’s office, to write ‘nunc pro tunc’ on the second auditor referendum which was filed on August 26th at 4:28 pm for the first filing August 22nd at 2:10 pm. The August 26th second filing is four days past the August 22nd deadline.
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Possible Conflict of Interest
The State’s Attorney’s office is the legal counsel for two clients, namely the Peoria County Board and the Peoria County Election Commission. This presents a possible conflict of interest for one ‘client’, the PCEC, being asked to do something highly questionable, seemingly unethical or perhaps possibly illegal, by writing ‘nunc pro tunc’ on a late filed document for ‘another’ client.
In the case of the two different Auditor Referendums being filed, there was an obvious discrepancy from the first to second filing that the County had no knowledge of until it was brought to their attention.
Why did the County use a judicial term for correcting a past clerical error or omission by the court when this is not an error of the court? The error is the County Clerk’s by filing the wrong document by the August 22nd deadline.
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