The 5th District Appellate Court has affirmed the decision of the Marion County Electoral Board upholding the selection of Anthony Decker as the Republican Party candidate for sheriff.
The appellate court was asked to make a fast-track decision after Judge Mark Stedelin agreed with the Electoral Board that there was no evidence to support removing Decker as the Republican candidate or not counting his votes. Their decision was released Friday afternoon.
The dispute centers on how Decker was selected by acclamation by a caucus of Marion County Precinct Committeemen after a second candidate, Cody Rose, withdrew over how the caucus was being conducted. Rose has since filed as a write-in candidate for sheriff in Tuesday’s election.
The order states the objectors failed to establish that the absence of a weighted vote in the uncontested nomination proceeding required invalidation of the nomination.
The Appellate Court found that the Electoral Board erred in dismissing grounds one and two of the objectors’ petitions on the basis that the internal proceedings of the Republican Committee are not subject to its review. However, they note that even if the Electoral Board erred, the disposition must still be affirmed because the objections did not allege that another candidate remained for consideration or that any vote was cast for another nominee. The ruling notes that, even accepting as true the facts pled in the objections, including objector Gavin Cass’s contention that he objected to proceeding by acclimation, those allegations do not establish that a weighted vote could have produced a different outcome.
The objectors, including Christopher Duncan, Tracie Fisk, and Angela Wyatt, still have the option to ask the Illinois Supreme Court to review the case, but the Supreme Court is selective about the cases they accept for review.
Justice Amy Sholar delivered the judgment with Justices Robert Bollinger and Mark Clarke concurring.
Rose reacted to the Appellate Court decision by saying, “It’s vindication that the Marion County Republicans illegally nominated Anthony Decker. They failed to follow the law requiring candidates to file ballot vacancies should be elected using a weighted vote. The Republican Party members in Marion County deserve representatives who reflect their wishes and interests, not just those of the party leaders who run meetings. We just want an open and fair process so that the will of the Republican voters can be heard.”
Decker also reacted to the ruling: “I am pleased about the Appellate Court’s decision in affirming my nomination. Their unanimous decision made it clear that there was no error in how the Republican Central Committee declared me as their candidate for Sheriff. Their only issue in the entire process was events that occurred during the Electoral Board hearings. There were arguments that the objectors raised that my attorney had objected to. The Appellate Court ruled that the Electoral Board should have heard those arguments. However, the Appellate Court was clear that despite the evidence that would have been introduced, it would have not effected the Appellate Court’s decision, that one nominated candidate did not require a weighted vote, and that I was the correctly nominated.”
