East Central Reporter

During a court hearing in Winnebago County concerning the Pecatonica Township Clerk's decision to decertify certain candidates, questions were raised about the extent of an election official's discretionary power. The case highlighted the need for legislative clarification on when this discretion should end during the election process.

The legislative question is, "at what point in the election process does the discretionary duty of an election official expire, or at which point can the discretionary duty no longer be used?"

Several points could potentially terminate these duties: at the end of petition filing, objection periods, upon filing an objection, or when an electoral board convenes. There is also a question about whether officials should apply their discretion uniformly across all candidates and petitions.

Election officials like township clerks have statutory authority to determine if a candidate's petition packet conforms on its face and may decertify candidates accordingly. Residents also have rights to object to petition packets, challenging their sufficiency under election law.

Electoral Boards usually consist of three local government members and include the Clerk who receives candidate petitions. In Pecatonica Township, according to lawsuits and press releases, the township clerk was part of such a board while it addressed objections but independently used her discretion to decertify only objected-to candidates before the board issued its order and before objections were withdrawn.

This action was deemed by some as unfair and potentially overstepping into electoral board duties. A ruling from a Winnebago County Judge is expected on Monday, March 10, 2025.